Part of the debate – in the Senedd at 5:23 pm on 21 November 2017.
Thank you, Presiding Officer. Perhaps I could begin with Darren's amendment 54, which attempts, as we've heard, to make information about transport arrangements a required element of all IDPs. The amendment represents a disproportionate approach, giving transport prominence in IDPs over other types of support that children and young people with ALN might need.
The aim of the amendment is inappropriate, because transport is not an additional learning provision. Many learners with ALN have no specific transport requirements, and the inclusion of transport needs in the IDP would not give rise to a duty to secure that provision.
Depending on the circumstances of the child or young person, the IDP may need to include a wide variety of other information besides additional learning provision, including information about transport arrangements. But it is not appropriate to list all, or just some of this on the face of the Bill. Listing just information about transport would be disproportionate. Indeed, I'm sure Members would agree, the vast majority of children and young people with ALN will have no specific transport needs, so making transport arrangements a required element of the plan is disproportionate. There would simply be, in the vast majority of cases, nothing to say, and this would just be another tick-box exercise created in the education system.
During Stage 2 proceedings, the then Minister committed to consider further the position of transport as regards the new ALN system, indicating he'd bring forward an amendment if existing powers were insufficient to give appropriate guidance under the Learner Travel (Wales) Measure 2008 and in the ALN code. I wrote, as we have heard, to the Children, Young People and Education Committee last week to outline our conclusions following these considerations. And in that letter, I committed the Government to two specific actions. Firstly, to make the necessary revisions to the learner travel guidance and to include, within the ALN code, an appropriate degree of guidance on the place of transport considerations within IDPs, including the process of producing them. Specific guidance on these issues will help ensure their proper consideration by delivery partners in a way that is part of, and not separate to, the wider considerations and processes of the new ALN system. Under the Bill's provisions, Members will have an opportunity to influence the content of the code. A public consultation and Assembly scrutiny in relation to the code will be undertaken during the course of next year. Revisions made to the learner travel guidance in relation to ALN will also be subject prior to consultation, because I recognise some of the case issues that have been highlighted by Darren and by Llyr.
The second commitment I made was in relation to post-implementation review of the Act. I want to include within this specific consideration of transport issues. This will enable us to check the operation of the transport elements of the new system, and consider any issues in the round and decide on any appropriate further action at that time. As I said, I fully recognise the importance of transport issues within the current SEN system and the future ALN system, but putting this requirement on the face of the Bill is not appropriate, and therefore I would urge Members to reject amendment 54.
Moving on, Presiding Officer, I'm very happy to support Llyr Gruffydd's amendments 56, 57 and 58, and I'm very grateful to Llyr for tabling those today. I consider they represent a strengthening of the way in which the Bill addresses the position of Welsh language provision. The amendments would ensure the duty to consider whether provision should be in Welsh is continuous, and not confined to the stage when the body is preparing the IDP. Specifically, the duty to consider provision in Welsh would continue to apply whilst the body is maintaining an IDP and when the local authority is reconsidering a school IDP. We have reflected at length on the operation of the Welsh language provisions in the Bill, and I think these amendments represent a useful improvement, and I would urge Members to support amendments 56, 57 and 58.
I'm also very happy to support Darren Millar's amendment 61. Subsection 2 of section 43 is already drafted with a view to ensuring children and young people at schools and FEIs have their additional learning needs met, so far as reasonable, whilst an IDP is being prepared. A fundamental element of the policy behind the Bill is that interventions happen at the earliest point possible. We want to move away from what sometimes occurs in the current system, with children and young people having to wait for statutory assessments or diagnosis before support is put in place. Section 43 is designed to address this and it was, and remains, our intention to supplement it with guidance in the code in any event. So, as amendment 61 will require that guidance on this matter is included in the code, I'm very happy to support it, and I would urge other Members to do so likewise.