The Special Educational Needs System is changing

The Welsh Government is changing the way that children and young people with special educational needs (SEN) will be supported. The new system defines SEN as Additional Learning Needs (ALN). The law is changing for several reasons, but the main one is to make the process simpler and more transparent for all involved. The new law for supporting children and young people with ALN will bring about several main changes including:

o bringing together all current systems into a new, single system for ALN;

o being learner-centred; o providing learners with the same rights and entitlements whatever their age or setting;

o improving transition between settings;

o providing Welsh language provision where needed; and

o being a fair and transparent system for all.

These changes mean that children and parent(s)/ carer(s) and young people will:

o access the support they need earlier;

o be more involved in making decisions about the support they need;

o be able to find information more easily; and

o be supported if they disagree with decisions.

Children and young people who have ALN may get this support for longer. The new system does not give all young people with ALN an automatic right to continuous education up until the age of 25,but some young people may be able to get this support until the age of 25 if they have a reasonable need for education and/ or training.

How will this happen?

There will be a phased approach to these changes over three years.

This means there will be two systems operating from Sept 2021-2024, the new ALN system and the current SEN system. (Children and young people who currently have special educational provision through a Statement of SEN and those who are in any form of post-16 education, will not be included in the first year of the phased approach. Guidance for parents and carers about the approach for these children and young people will be provided as soon as it is available. More detail on how the system will work for supporting young people in post 16 education will also be provided).

For three years each local authority, Early Years setting (EY), school and Further Education (FE) setting (eg Post-16 College) will work hard with children and their families, young people and other professionals to ensure everyone understands these changes.

Families will have access to impartial information advice and support. This is statutory, which means it must be provided by law. Every local authority in Wales must have arrangements for providing children and their families and young people with impartial information, advice and support. In this local authority SNAP Cymru provides this service.

What is provided is shaped by the ALN Act (Wales) 2018 and the new ALN Code 2021.

You can find out more about the ALN transformation programme and guidance on the current SEN system including a frequently asked questions and ALN transformation programme guide.

What happens now?

Children and young people with SEN or learning difficulties/disabilities might have:

o an individual education plan (IEP);

o a statement; or

o a learning and skills plan.

What will change?

Many of these children and young people will continue to have their needs met through high quality and routine classroom practice. There will be a few children and young people who have a learning difficulty or disability that calls for additional learning provision (ALP). This is provision that is additional to or different from that made generally available for others of the same age. These children and young people will have an individual development plan (IDP).

What is an individual development plan?

An individual development plan is created through collaboration with the child and parent/ carer or young person in partnership with wider agencies that may be involved such as health and social care professionals. The individual development plan will say what the child or young person needs to be able to learn, setting out:

o what’s important to and for them;

o a description of their learning needs; and

o what will be done so they are properly supported in school or college and the additional learning provision (ALP) required to meet their additional learning needs.

This plan will be reviewed every twelve months or sooner if necessary.

An IDP can be created and overseen (maintained) by schools, colleges or the local authority. Regardless of who maintains the IDP, it is still a legal document so the provision written into it must be carried out by law. Over the next three years, individual development plans (IDPs) will replace all the plans we have now including:

o Statements of special educational needs (SEN);

o individual education plans (IEPs) for learners currently supported through Early Years Action/School Action or Early Years Action Plus/School Action Plus; and

o learning and skills plans (for learners over 16 attending college).

The new ‘Decision Making Duty’ on the school

When a school is made aware that a child or young person at the school may have ALN, it must decide whether that child or young person does have ALN unless:

• an IDP is already in place;

• a decision has already been made that the child or young person does have ALN and their needs have not changed; or

• in the case of a young person, they do not consent to the decision being made.

Reconsideration of decisions

A child, their parent(s)/carer(s), or a young person can ask the local authority to reconsider the decision of the school regarding the child/ young person’s ALN.

The local authority must then decide whether the child or young person has ALN or not. When this happens, the local authority must inform the school of the request and ask for further information from them. The local authority may or may not uphold the school’s decision. In the event that the local authority does not uphold the school’s decision, it may direct the school to write an IDP.

If a child or parent/ carer, or young person is unhappy with the IDP, they can request the local authority to reconsider the plan. The local authority may revise the plan, tell the school to revise the plan or confirm the plan is appropriate.

Where the plan is maintained by the school, a child, their parent(s)/ carer(s) young person or school can also request that a local authority take over responsibility for maintaining the plan from the school.

The local authority must decide whether to take over the plan (unless it has previously made a decision and the child or young person’s needs have not changed significantly and there is no new information to affect the decision). Where the local authority decides that it will not take over the plan, the child and parent(s)/ carer(s) or young person must be informed of this in writing.

What if there is disagreement?

Children and parent(s)/ carer(s) or young people will be involved in writing their IDP. Working in this way will provide opportunities to discuss concerns and enable issues to be addressed and settled at an early stage.

From time to time, disagreements can arise. The new ALN system and IDP process and the duty on schools and local authorities to consider the views, wishes and feelings of the child, parents or young person is intended to help overcome many disagreements. It is essential that problems are dealt with as quickly as possible and for children, parent(s)/carer(s), and young people to have access to impartial information advice and support.

Where a concern regarding health or social care provision is raised, a child, their parent(s)/ carer(s) or young person will be able to discuss this with the health or social care professional. Where it would be beneficial for the local health board to be involved in avoiding and resolving disagreements within education, the local authority will contact the Designated Clinical Lead Officer (DECLO) for advice.

For children and parent(s)/ carer(s) or young person, there are a number of ways that can help prevent problems or misunderstandings arising as follows:

Talk to the school

Always speak to the school's Additional Learning Needs Co-ordinator (ALNCo) as soon as you have worries or concerns. Share all the information you have about your child with the school and other professionals involved. They will:

o listen and take your problem seriously;

o involve you and your child and consider your views;

o explore all the issues and concerns; and

o gather information and plan a way forward with you.

Named officer within the local authority

f you disagree with a school or local authority decision on anything relating to your child’s ALN provision or placement you should contact a named officer in the local authority’s ALN teams in the Learner Support Service. They can help you unpick problems, gather further information, provide advice and support and reconsider school decisions. All local authorities have named officers who will provide advice and support and can help by providing some of the following:

o impartial advice on the rights of a child, child’s parent or young person needing support;

o support to unpick difficulties and plan a way forward with all other people involved;

o face-to-face meetings to work out what to do next;

o support to attend and contribute to meetings at the school or local authority; and

o ongoing support if problems are difficult to solve.

ALN Independent Information, Advice and Support - SNAP Cymru

You can also contact SNAP Cymru who provide impartial information, advice and support to help you: o confidently share your views, make decisions and develop good relationships with professionals;

o provide clear and straightforward information about your options;

o help you make informed decisions; and

o help you understand ALN law, entitlements and processes.

Disagreement Resolution / Mediation

ometimes it is difficult to reach an agreement. In this area, independent disagreement resolution is provided by SNAP Cymru. The service can help, children, their parent(s)/ carer(s), young people, schools, and the local education authority when there is a dispute about ALN decisions and ALN provision.

An experienced mediator will meet with parent(s)/ carer(s) and school or local education authority staff. The mediator does not take sides but will listen and find out what has been happening. The aim is to find a workable solution that everyone can agree with.

Children and parent(s)/ carer(s) or young people who want to know more about this service can speak to SNAP Cymru on 0808 801

0608 or email: DRS@snapcymru.org or see more information on referral and mediation on the website.

Disagreeing with Health provision

For disagreements related to health decisions and provision that have not been resolved through earlier discussions, you may use the “Putting things Right” process. Education Tribunal Wales You have a right to appeal to the Education Tribunal for Wales. The Tribunal is independent and will consider appeals where there is disagreement with the local authority’s decisions. An appeal can be made by a child, their parent(s)/ carer(s) or young person on the following:

o a review of the decision made by a school whether a child/young person has an ALN;

o a decision by a local authority, in the case of a young person, as to whether it is necessary to prepare and maintain an IDP;

o the description of the person’s ALN;

o the additional learning provision in an IDP;

o the school named in the plan or if no school is named;

o a decision to revise an IDP;

o a decision not to take over responsibility for an IDP, following a request to do so;

o a decision to cease to maintain an IDP; or

o a refusal to decide a matter.

If you do decide to appeal to the Education Tribunal, you should let the named officer within the local authority know as soon as possible and continue to discuss your concerns. SNAP Cymru can also help you continue to resolve your disagreement.

Contact details

For further information you could get in touch with any of the contacts below:

o The Additional Learning Needs Co-ordinator (ALNCo) at your child's school/setting. Please contact the school’s office to find out who the ALNCo is at your child’s school.

o SNAP Cymru Independent Information Advice and Support Service Tel: 0808 801 0608.

o Local authority Learner Support Service within the Education and Family Support Directorate.

o Special Educational Needs Tribunal for Wales Telephone: 0300 025 9800 E-mail: Tribunal.Enquiries@gov.wales

If you are unhappy with anything, you should make your views known as soon as possible. If you are concerned about the progress your child is making at school or college, you should first talk to the class teacher. This will provide an opportunity for matters to be addressed and resolved promptly and prevent problems from escalating.

In In Wales, we want to transform expectations, experiences and outcomes for children and young people with additional learning needs (ALN).

To do so, the Welsh Assembly have developed the additional learning needs (ALN) transformation programme, which transforms the separate systems for special educational needs (SEN) in schools and learning difficulties and/or disabilities (LDD) in further education, to create a unified system for supporting learners from 0 to 25 with ALN.

The transformed system aims to:
• Ensure that all learners with ALN are supported to overcome barriers to learning and achieve their full potential
• Improve the planning and delivery of support for learners from 0 to 25 with ALN, placing learners’ needs, views, wishes and feelings at the heart of the process
• Focus on the importance of identifying needs early and putting in place timely and effective interventions which are monitored and adapted to ensure they deliver the desired outcomes.  New legislation and statutory guidance is only one aspect, albeit a fundamental one, of the wider package of reforms needed. The ALN transformation programme also focuses on skills development for the education workforce, to deliver effective support to learners with ALN in the classroom, as well as easier access to specialist support, information and advice.

(Please note: The new system for supporting children with additional learning needs will be rolled out during a three year period, commencing September 2021)

ALN stands for Additional Learning Needs. At Blaengarw Primary School we recognise that all pupils come to school at different stages of development and with different needs. Whilst many factors contribute to the range of difficulties experienced by some children, we believe that much can be done to overcome them by parents, teachers and pupils working together.

Blaengarw Primary school values the abilities and achievements of all its pupils. All children are valued, respected and nurtured. We endeavour to provide the best educational opportunities for each child and strive to maximise their potential in a ‘can do’ learning culture.

Pupils who meet the locally agreed criteria for having ALN will be supported by class teachers, teaching assistants other adults and their learning environment.

The ALN aims of the school:

• To meet the needs of all pupils through excellent teaching strategies, classroom organisation and differentiation.
• To have a whole school Universal Provision that addresses the needs of all pupils.
• To ensure that all pupils have access to a broad and balanced curriculum. 
• To ensure that early identification of a pupil’s needs is made, wherever possible.
• To ensure that ALN pupils take as full a part as possible in all school activities.
• To adopt a Person Centred Practice approach where the pupil, parents, school staff and outside support agencies are involved from the beginning, in planning actions and ways forward to support pupils with ALN.
• To ensure that parents are kept regularly informed of their child’s progress.
• To ensure that ALN pupils are involved, where practical, in decisions affecting their future ALN provision.
• To work in partnership with parents, pupils and other agencies e.g. Educational Psychologist, Speech Therapists, Social Workers, School Nurse etc.

Information about the ALNET Act

The aims of the ACT:

The introduction of the term Additional Learning Needs (ALN)

The Act replaces the terms ‘special educational needs’ (SEN) and ‘learning difficulties and/or disabilities’ (LDD) with the new term ALN.

A 0-25 age range 

There will be a single legislative system relating to the support given to children and young people aged between 0-25 years who have ALN. This is instead of the two separate systems currently operating to support children and young people of compulsory school age who have SEN; and young people in further education who have LDD.

A unified plan

The Act will create a single statutory plan (the individual development plan (IDP)) to replace the existing variety of statutory and non-statutory SEN or LDD plans for learners in schools and further education.

Increased participation of children and young people

The Act requires that learners’ views should always be considered as part of the planning process, along with those of their parents. It is imperative that children and young people see the planning process as something which is done with them rather than to them.

High aspirations and improved outcomes

The emphasis of IDPs will be on making provision that delivers tangible outcomes that contribute in a meaningful way to the child or young person’s achievement of their full potential.

A simpler and less adversarial system

The process of producing and revising an IDP should be much simpler than is currently the case with statements of SEN.

Increased collaboration

The new system will encourage improved collaboration and information sharing between agencies, which are essential to ensuring that needs are identified early and the right support is put in place to enable children and young people to achieve positive outcomes.

Avoiding disagreements and earlier disagreement resolution

The new system will focus on ensuring that where disagreements occur about an IDP or the provision it contains, the matter is considered and resolved at the most local level possible.

Clear and consistent rights of appeal

Where disagreements about the contents of an IDP cannot be resolved at the local level, the Act  will ensure that children and young people entitled to an IDP (and their parents in the case of those that are under 16 years) will have a right of appeal to a tribunal.

A mandatory Code

The Code will ensure that the new ALN system has a set of clear, legally enforceable parameters within which local authorities and those other organisations responsible for the delivery of services for children and young people with ALN, must act.

Reasons behind the proposed changes:

• Learners have the right to equity of access to education that meets their needs and enables them to participate in, benefit from and enjoy learning.
• The current system for supporting children and young people with SEN and learning difficulties and/or disabilities is based on a model introduced more than 30 years ago that is no longer fit for purpose.
• Under the new system planning will be flexible and responsive; professionals will be more skilled and confident in identifying needs and deploying strategies to help learners overcome their barriers to learning.
• The learner will be at the centre of everything that is done.

Online Training:

An online training course outlining the new unified system for supporting learners with ALN has been published on the Welsh Government’s Hwb platform. The interactive training course gives an introductory overview of the new ALN system, and will help all those involved in the system understand the new legislative duties, and the rights it confers to children, their parents/carers, and young people. We would encourage staff in all sectors who work with children and young people, including school support staff, to undertake this short course. The course may also be of interest to parents and carers.

For further information or guidance please consult the BCBC Website’s ALN Page:

https://www.bridgend.gov.uk/residents/schools-and-education/additional-learning-needs/