1. Questions to the Minister for Education – in the Senedd on 25 September 2019.
7. Will the Minister outline the timescales involved with the implementation of the additional learning needs system? OAQ54383
Thank you very much. As set out in my statement of 17 September, the statutory roles created by the Additional Learning Needs and Education Tribunal (Wales) Act 2018 commence in January 2021, and the new ALN system will commence, on a phased basis, from September 2021. The code and regulations will be laid for National Assembly approval in 2020.
Diolch, Minister. Thank you for the confirmation, then, that the additional learning needs system will commence on that phased basis from September 2021. Teachers, parents, educators and teaching trade unions will, indeed, welcome the fact that the Welsh Government has listened and acted constructively on their feedback and the many conversations that have taken place. And I know, Minister, that you passionately believe that it is essential that time is taken to listen and respond to the views gathered during that consultation so that the code and regulations are fully fit for purpose. Minister, what actions will the Welsh Government take to ensure that, as this process moves forward, there will continue to be ongoing, constructive open dialogue with all interested parties to ensure the greatest possible potential of success when the additional learning needs system comes into force?
Well, the Member is correct in saying that we've had to take very seriously the response that we have had to the draft code and amend our timetable accordingly. I can give her and the Chamber an assurance that we will continue to work with all stakeholders to address the concerns that have been raised and to ensure that the new system is effective and provides the change that parents and children need. My officials are aiming to conduct, over the coming weeks and months, meetings and events with key stakeholders to refine specific aspects of the code where concerns have been raised during the consultation period. If I can give some specific examples of what that would include: in relation to required use of educational psychologists, the boundary between school and local authority maintained individual development plans and the operation of systems within the pupil referral units and Welsh education otherwise than at school more generally. So, that's to give Members some flavour of the specific areas of work where we're going to have to engage once again with stakeholders in preparation for the drafting of the code.
Llywydd, I remind the Chamber that I'm on the governing body of two special schools. We are in that in-between zone. I do welcome the shift away from statements, particularly for the flexibility we require. Children have a variety of issues, sometimes, and some of them may not get quite to the statement threshold. Where do they go? They still need real interventions. But I noticed the balanced remarks of SNAP Cymru, saying that we are in this difficult period between two systems, and I am concerned that some children will not be receiving the support in education that they require, and that has to be—. In the next year, we must emphasise that the system that is in place at the moment goes until it's replaced.
David, you are absolutely correct. Local education authorities are bound by the law as it stands now, and simply because we are transitioning to a new legislative framework, that does not allow them not to attend to the needs of children who are in the system now. My expectation is that they apply the law to children who have a range of special educational needs as it is currently stated, and they simply cannot leave those children dangling in anticipation of the new legislative regime that is coming into force. I have been very clear in my communications with the Welsh Local Government Association, with education portfolio holders and directors of education, who I met last Friday morning, on my expectations in this regard. They have to follow the law as it currently stands, as we wait to introduce the new law.