1. ALN Code of Practice
Pippa Cotterill, Professional Lead for School Aged Children, Aneurin Bevan University
Health Board
ALN Code of Practice
Involvement in the Code of Practice – , event in early 2015, 2 days in summer 2015, day in Sept 2015, ALCN Code Content Dev Group (Nov 2015 – March 2016) including reading and commenting on whole code.
2 x oral evidence to CYPE Committee (Nov 15 and March 17).
2 x policy forums
Cross border issues – WG and locality staff
Early Years Expert Group (PC) (Dec 16 – Mar17) and Health Expert Group (AS) (Dec 16 – on-going)

2. Draft Additional Learning Needs Code
Published February 2017 (supporting scrutiny of the Bill)
Public consultation following amendments (in line with the Act)
Long document (236 pages before translation into Welsh). Repetition in each section – what is described for children in early years is described again for children in mainstream schools and again for young people in FEIs
Info accompanying February 2017 draft of Code:
‘The current draft, however, is very much a work in progress and officials will continue to work with partners to develop the content. The current provisions will be supplemented and supported in areas both by greater detail and by supporting material, such as further examples of good practice. Particular areas of the Code that will inevitably evolve are those relating to sections of the Bill containing a regulation making power, as highlighted throughout the draft in italic text.
A version of the Code will be subject to a full public consultation …. That draft would capture any necessary changes arising from amendments to the Bill during its passage, feedback we receive during the intervening period and our ongoing development work with practitioners. Following consultation and any consequent changes, a draft of the Code would be laid before the Assembly as per the arrangements for making the Code contained within section 5 of the Bill.’
Code guides how people work to implement the Act. Will be important for people to be familiar with the document to ensure they are abiding by regulations.

3. To include egs of good practice and case studies
Will replace SEN Code of Practice, 2002
Reforms different from SEND in England
Reforms different from England where statements were replaced by EHC plans and no provision otherwise – stated by RCSLT in SEND report

4. Principles Earliest possible id of ALN Person-centred planning
Mainstream education wherever possible
If identified ALP needed in Welsh, must take all reasonable steps to be provided
Person-centred planning - views, wishes and feelings of child, child’s parents or young person at the heart of decisions

5. Empowering for children/young people
Principles
LAs to know if overall ALP meets the overall need (supporting strategic planning)
Empowering for children/young people
Support at each stage for children and parents (p.16)
Information for young people (accessing it separately from their parents) (p.19)
Suggested LA Directory
Empowering rather than process done to them.
Decisions made by schools can be referred (by child or parent) for re-consideration by LA.
Tribunal can be asked about decisions made by schools and LAs.
LA Directory – (could include)
Info and advice arrangements
Avoidance and resolution of disagreements
Advocacy services

6. Strategic work with leadership team
ALNCO
Strategic work with leadership team
Responsible for all learners with ALN having an IDP and for ALP
Liaison with external agencies and professionals (p.25)
ALNCO qualification – TBC
PCP meetings for all children previously on SEN register
Staff asking for ALNCO to be a non-teaching role, particularly in large schools/settings.
ALNCO doesn’t have to write all IDPs – any teacher can do that.
(Concern raised about capacity for ALNCO role.)

7. ID ALN Children under 3 years
ALN if – if they were compulsory school would have sig greater diffs in learning than others
ALP is any provision, in education setting or other

8. Graduated response remains
ID ALN
Graduated response remains
IDPs for children who would have been School Action may not involve all those contributing to statutory assessment
Training for schools and education setting staff remains vital
Welsh or English as additional language – not necessarily ALN (p.36)
Not EAL
Not more able and talented

9. LA will determine whether child has ALN
ID ALN
SLTs may be first to id potential ALN in children under compulsory school age
If so, must inform children’s parent and notify LA (having discussed with parent)
If a voluntary organisation may be helpful, parents must be informed about this
LA will determine whether child has ALN
0-3 is a new area for ALN so new processes for all who work with children in this age group. Significant consequences for Health Visitors.

10. Decisions
Schools/FEIs must decide if a pupil has ALN (with exceptions) (LA if Independent Sch) (p.49)
If yes - must prepare and maintain IDP (p.56)
If school cannot determine or secure provision – refer to LA

11. If no ALN – communicate this to pupil/parents (eg. letter, p.67)
Decisions
If no ALN – communicate this to pupil/parents (eg. letter, p.67)
If disagreement – can use arrangements for resolving disagreements
Or ask LA to consider if ALN present (p.68)
If disagreement with this or with FEI – appealable to Tribunal
LA could come to same decision as school – notify child/parent/young person

12. Decisions
If LA decides ALN (where school
said not), LA prepares IDP or directs school to do this
Cross border elements (p.80)
Young people do not have to give consent to ALN decision being made (p.81)

13. IDP
LA can:
Prepare and maintain IDP
Prepare IDP and direct sch to maintain it
Direct sch to prepare and maintain IDP
If IDP includes place at a particular sch – LA must prepare and maintain it
Child/parent/young person can ask LA to reconsider an IDP for revision (ability to challenge content devised by sch) (p.83)
??local determination about IDPs schools prepare and maintain and ones LAs do??
SRB classes may be an example of a ‘place at a particular school’ (especially as LA has responsibility for allocation of places as cover a whole borough rather than just school catchment area).
Last point - LA must consult EP if responsibility for maintaining a plan is referred to LA.
Child/parent/young person can go to Tribunal over decision by LA not taking responsibility for IDP

14. LA must make revisions if appropriate
IDP (cont)
LA must make revisions if appropriate
Sch can request LA take over IDP (p.84)
Body maintaining IDP must secure ALP described in it (school must help LA)
Requests for ALN decision for young people can go to directly to LA (without referral from educational institution)
LA doesn’t have to make an ALN decision about a young person if they are enrolled in an FEI and the FEI have not made the request to the LA.

15. IDP (cont) PCP resources and principles
Meetings can be combined with those for other plans
IDP co-ordinator
Young person may not give consent for IDP being maintained
IDP Co-ordinator – not necessarily but could be ALNCO
If young person not giving consent – need to ensure it is an informed decision.

16. Timescales - school
7 weeks – decide no ALN or decide ALN and provide IDP
2 weeks – decide ALN and refer to LA
2 weeks – acknowledgement from LA
5 weeks – LA to provide IDP (or 10 weeks)
Depends on whether LA referred to
From time of recognising ALN or possibility of ALN to decide if they have and provide IDP – 7 weeks
Or decide they haven’t
Timescales roughly based on a half term as being reasonable for children/young people to have ALN confirmed and ALP described but are subject to change from draft doc onwards.

17. Timescales – under sch age
Health Professional informs LA possibility of ALN
1 week - LA to acknowledge referral
7 weeks – determine ALN and provide IDP if appropriate
IDP must be done within timescales even if all reports are not completed
Reports submitted later than IDP is written – considered if evidence has changed the situation and IDP needs reviewing. If yes, reviewed asap.

18. IDP should reflect PCP meeting Attendees to provide comments if not
IDP can be updated asap from comments
Content – IDP template
ALN and ALP (description and delivery)
Include intended outcomes
Reasons for decisions made
Timeline of key events
ALP information – detailed, specific and quantifiable.
SMART
Reasons for decisions made section – esp if difference of opinion
Timeline can include dates of referrals, assessments, etc.

19. ALP by NHS in IDP
Exception to school, FEI, LA securing ALP is if NHS specifies it
“NHS must secure it and take all reasonable steps to secure any treatment or service specified to be provided in Welsh, is so provided”
Service provider would have to agree to x sessions of SLT.

20. Multi-agency working Referral to health body can be by LA or FEI
ALP described and delivered by health body
Changes on IDP at request of health body
Reviews – at least 12 monthly, at request of health body if ALP by NHS, to be responsive to needs
Referral to health body needs clarification as we would expect referrals from schools and other settings.

21. DECLO – strategic role (p.124) Operational DECLO role:
Invitations to review meetings – invitation at least 2 weeks before term starts (early if at beginning of term)
DECLO – strategic role (p.124)
Operational DECLO role:
Possibly - School Nurses
Meetings – possibly resource issues (especially if late invitations). WG informed re booking practices of some HBs (eg 6 weeks in advance).
DECLO to have role in Tribunals – supporting LAs, providing evidence and overseeing HB engagement.
Liaison with School Nurses will be vital if they have a co-ordinating role for Health in the process.
Discussions for this have changed significantly since the draft C of P was published.
Additional information on ceasing to maintain IDP, transferring IDP, transition to adulthood.
Avoiding and Resolving Disagreements (with involvement from DECLO). (Putting Things Right for NHS complaints) PTR and disagreement avoidance can be used in parallel.
Specific circumstances – LAC, dual-registered, home educated, in youth justice system.
Eg IDP.

22. Next Steps SLT guide to ALN?
Maintain good relationships with schools/LAs/FEIs
Implementation
RCSLT produced document for SEND reforms in England. Do members want this? If yes, what to include?
Don’t want all previous good work undone. There will be an imbalance created by the reform.
Implementation consultation – how to get from here to there. No big bang, will be phased – will mean that children/yp are yet to have statutory IDP even though could do (role of 3rd sector in promoting this)