8., 9., 10. & 11. The Additional Learning Needs Code for Wales 2021, The Additional Learning Needs (Wales) Regulations 2021, The Equality Act 2010 (Capacity of parents and persons over compulsory school age) (Wales) Regulations 2021 and The Education Tribunal for Wales Regulations 2021

Part of the debate – in the Senedd at 6:18 pm on 23 March 2021.

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Photo of Suzy Davies Suzy Davies Conservative 6:18, 23 March 2021

Before I go on to the code itself, I wonder if I could just highlight the equality Act regulations being discussed today, because they bring extra protection to young people who challenge their school, via an advocate if necessary, on discrimination grounds. And I raise it because the ALN code has also improved its content as regards mental capacity in the new chapter 31. What's interesting, of course, about the equality Act regulations is that they too capture young people beyond compulsory school age. And I appreciate that the legislation covers young people up to the age of 25 if needed, but COVID has shown us quite how fragile and fragmented the education stage can be for post-16-year-olds without disabilities if we're not careful, and I wonder if the time has come to finally extend the age of compulsory education or training to 18.

I think such a move would also resolve an outstanding issue with the code itself, which is secure, safe and accessible transport provision for young people with ALN who are beyond compulsory school age, but still attend, and perhaps some of the other concerns raised by Natspec and the Third Sector Additional Needs Alliance. You'll know, Minister, there remains some anxiety about the accountability for transition to post-compulsory education, as well as post-education lives, particularly in terms of careers advice, which needs to be more specialist, rather than less. These organisations worry that lack of clarity and accountability could lead to late decision making, poorly planned transitions, the danger of placement breakdowns, and an increase in tribunals and the number of young people not in education, employment or training. I can see that the work has been done on this, but the Children, Young People and Education Committee was quite clear that that work cannot just result in a tokenistic response.

Further, on the code itself, I thank the Minister for taking on board some of the recommendations of CYPE on the draft code—recommendations that we made after a thorough consultation of our own. The material on ALNCOs has improved, but the sector has pointed out that there is still a clarity gap between guidance and how to implement that guidance, and while I completely understand your reluctance to be prescriptive, as every authority is different, it's going to be interesting, at the first review of the roll-out, to see where the inconsistencies are and how children are affected. Inconsistency and lack of resource, both human and financial, will remain the threat to the success of the Act.

Finally, I'm very pleased to see the baking in of the need for educational psychologists in these regulations, Minister. As Bridgend council in my region is considering having to get rid of some of theirs, an early e-mail to their chief executive there would be extremely welcome. So, we will be supporting these motions on the basis that the concerns raised on behalf of children and young people with ALN will not be forgotten, that the code will be tested in practice and data captured rigorously, and that any changes identified will be made swiftly. And it will take a future finance Minister to be willing to commit the money as well, I think. The code still gives authorities wiggle room to make decisions that are finance driven, which was, of course, one of the major complaints about the SEN system. All of us want this Act to work, so that our most vulnerable children and young people, and their families, have futures to look forward to. Diolch.