Additional learning needs in Wales: what is changing?

An expert lawyer lays out the implications of the new ALN system that is replacing the previous SEND system
16th June 2022, 1:41pm

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Additional learning needs in Wales: what is changing?

https://www.tes.com/magazine/analysis/specialist-sector/additional-learning-needs-wales-what-changing
Additional learning needs in Wales: what is changing?

The additional learning needs (ALN) system is the new system for supporting children and young people aged 0 to 25 in Wales with ALN.

The ALN system is replacing the special educational learning needs (SEN) system. The ALN legislative framework is created by the Additional Learning Needs and Education Tribunal (Wales) Act 2018, the Additional Learning Needs Code for Wales 2021 and regulations made under the act.

All children and young people with ALN, regardless of the severity or complexity of their learning difficulty or disability, will generally be entitled to a statutory support plan called an individual development plan (IDP). Children and young people with ALN will receive support called additional learning provision (ALP), which will be set out in their IDP.

The ALN system started being phased in from 1 September 2021. Children with special educational needs are moving from the SEN system to the ALN system over three school years, to make sure that there is enough time for nurseries, schools, pupil referral units (PRUs) and local authorities to discuss the support needed and to prepare plans.

The first group moving from the SEN system to the ALN system comprises children who:

  • Go to a local authority nursery, local authority school or PRU and have support through the old systems of support for children with SEN that are being phased out (Early Years Action, Early Years Action Plus, School Action or School Action Plus).
  • Do not have a SEN statement.

From September 2022, children with SEN not included in the first group will move to the ALN system.

In England, the Children and Families Act 2014 reformed the SEN system and introduced new statutory plans called education health and care plans (EHCPs). However, these are only for learners with severe and complex needs (for example, equivalent to Statements).

In Wales, the ALN system extends rights to statutory plans to all learners with ALN - having an IDP is not limited to only those with the most severe or complex needs. There are parallels with Scotland, where legislative change has led to large increases over many years in the number of pupils recorded as having additional support needs (ASN): ASN is now the standard terminology in Scotland, and around a third of pupils in Scotland have ASN.

One of the core aims of the ALN Act in Wales is to create a bilingual system of support for ALN. Local authorities and governing bodies are required to consider whether a child or young person should receive ALP in Welsh; this duty is an ongoing one, rather than a one-off decision.

The ALN Act requires further education institutions (FEIs) and mainstream maintained schools, including maintained nurseries and PRUs, to have a designated additional learning needs coordinator (Alnco).

The ALN Act places a duty on all local health boards to designate an officer to have responsibility for coordinating the health board’s functions in relation to children and young people with ALN. That person is known as the designated education clinical lead officer (Declo).

The 2018 Act places requirements on local authorities to make arrangements for the provision of independent advocacy services for children and young people where they might disagree with a decision.

The 2018 Act renames the Special Educational Needs Tribunal for WalesIf the child, parent or young person concerned is still unhappy with a local authority’s or FEI’s decision, they can make an appeal to the new Education Tribunal for Wales.

Michael Imperato is a director at Watkins and Gunn in Cardiff

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