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Needs Code February 2017

Draft%20Additional%20Learning%20Needs%20Code%20February%202017

(ii) This

(ii) This Code imposes requirements on a local authority in respect of its duties under the Act to provide: advice and information; avoidance and resolution of disagreements; and independent advocacy services. (iii) This Code imposes requirements on the governing body of a maintained school in Wales, or an institution in the further education (FE) sector in Wales, or a local authority in respect of: decisions on whether a child or young person has additional learning needs; the preparation, content, form, review and revision of individual development plans (IDPs); and ceasing to maintain IDPs. 1.5 The Act requires that the Education Tribunal for Wales (“the Tribunal”) must have regard to any provision of this Code that appears to it to be relevant to a question arising on an appeal 2 . 1.6 Where requirements are imposed by the Code, the Act or regulations, or by any other statute or statutory instrument, it is stated that the relevant body must comply with the particular requirement. Where it states that practices are prohibited, the relevant body must not use this practice. 1.7 This Code also includes guidance on good practice which the relevant bodies should follow unless they can demonstrate that they are justified in not doing so. It also refers to actions normally regarded as poor practice, indicating that these should not be used, although there may be exceptional circumstances when doing so justified. 1.8 Failure of a relevant public body to comply with any of the requirements included in this Code could result in a decision being overturned by the Tribunal, a successful complaint to the Welsh Ministers, the exercise of local authority or Welsh Ministers’ intervention powers 3 , a complaint to the Public Services Ombudsman or to a successful judicial review claim. 1.9 Failure to adhere to guidance within this Code could lead to the same result if relevant persons are unable to justify departing from the guidance. 1.10 The Code will replace the existing Special Educational Needs Code of Practice for Wales (2002). 1.11 The Code does not aim to provide exhaustive guidance on all aspects of the proposed new legislative system. Relevant persons will need to 2 Section 4(8) 3 School Standards and Organisation (Wales) Act 2013 Page | 2

ensure that in carrying out their functions they act in accordance with the law, including primary and secondary legislation. 1.12 The Act requires those bodies listed above to have regard to the Code and, therefore, it has been primarily designed for their purposes, however others (e.g. parents, specialist advisers or advocates) might find it useful. 1.13 Where the Act imposes a duty on the governing bodies of maintained schools or FEIs, or this Code imposes a requirement on or provides guidance to those governing bodies, the Code set out the duty, requirement or guidance as though it applied the maintained school or FEI as a whole. This better reflects the practical operation of the system where for the most part, the functions of governing bodies will be undertaken by staff members acting in the name of the governing body. 1.14 Under section 86 of the Act, Local Health Board means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006. Throughout the Code, a Local Health Board is referred to as a Health Board. 1.15 Section 86 of the Act defines both child and young person. A child is anyone not over compulsory school age and a young person means a person over compulsory school age, but under 25 years old. References in the Code to children and young people reflect the definitions in the Act. Partners in Delivery – Role of individual organisations in the ALN system 1.16 The statutory individual development plan (“IDP”) will outline what the needs of the child or young person are and how those needs are going to be met. There are a number of key partners and settings whose contribution will facilitate the development of the IDP and delivery of the associated Additional Learning Provision (ALP), as described below. Welsh Government 1.17 The Welsh Government is responsible for setting the strategic direction and statutory landscape of education within Wales. The Welsh Government is responsible for enabling the delivery bodies listed below to meet the needs of all children and young people, including those with ALN. 1.18 The Welsh Government has a specific role to ensure that the total FEI provision is adequate to meet the total learning needs of those above compulsory school age. Page | 3

  • Page 1: Draft Additional Learning Needs Cod
  • Page 4 and 5: Chapter 7.1: Identification of ALN
  • Page 6 and 7: Models of multi-agency working 120
  • Page 9: Chapter 1: Introduction Our Vision
  • Page 13 and 14: securing ALP to meet those needs. T
  • Page 15 and 16: provision as soon as possible for a
  • Page 17 and 18: confidence in the process. This wil
  • Page 19 and 20: provides to benefit the child or yo
  • Page 21 and 22: a child or young person who is hear
  • Page 23 and 24: 3.14 Even where children do not hav
  • Page 25 and 26: Chapter 4: Advice and Information S
  • Page 27 and 28: children will want to access inform
  • Page 29 and 30: sets out the quality standards expe
  • Page 31 and 32: ensuring that teachers are supporte
  • Page 33 and 34: working strategically with the seni
  • Page 35 and 36: of their role and professional lear
  • Page 37 and 38: etween a secondary school and their
  • Page 39 and 40: Chapter 6: Understanding what are A
  • Page 41 and 42: Children under three years old 6.15
  • Page 43 and 44: e contributing to the presenting be
  • Page 45 and 46: 6.37 A child or young person could,
  • Page 47 and 48: 6.45 External agencies can also sug
  • Page 49 and 50: DOES A CHILD OR YOUNG PERSON HAVE A
  • Page 51 and 52: compared to their chronological age
  • Page 53 and 54: alternative and more appropriate wa
  • Page 55 and 56: 7.1.28 At this point the health bod
  • Page 57 and 58: Chapter 7.2: Identification of ALN
  • Page 59 and 60: How the Foundation Phase Profile ca
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    the school, the child and their par

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    7.2.27 Concerns might also be expre

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    DECISION ON ADDITIONAL LEARNING NEE

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    policy should set out how the FEI w

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    has communication and/or interactio

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    7.3.25 Where FEIs have staff which

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    Chapter 8: Decisions that a child o

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    Example - a letter to a parent of a

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    Local Authority Decisions 8.14 A lo

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    FEI Decisions 8.21 Chapter 9.3 sets

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    DECISION BY MAINTAINED SCHOOL THAT

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    Chapter 9.1: Duties on local author

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    Chapter 9.2: Duties on maintained s

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    Example of good practice Having con

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    the person’s ALP, the placing loc

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    authority must prepare and maintain

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    9.2.42 A local authority can also d

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    Chapter 9.3: Duties of FEIs and loc

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    which would support the local autho

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    The Local Authority Decision on ALN

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    9.3.35 This might occur, for instan

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    of decisions and ensures their view

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    (Wales) Act 2014. The bodies respon

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    Local authority is required to dete

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    10.45 The local authority has a max

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    Example letter to a child’s paren

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    Chapter 11: Mandatory Content for I

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    Responsibility for the IDP i. The n

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    profiles and, for very young childr

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    o where ALP should be provided in W

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    11.48 Guidance on how to develop ou

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    ii. Space for the person responsibl

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    delegated to an appropriate member

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    developing and updating an IDP. In

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    the governing body of a maintained

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    addressing the child or young perso

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    12.46 The DECLO should report to an

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    Measuring success 12.59 The DECLO s

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    13.5 The first exception referred t

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    13.14 When considering the issue, l

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    The local authority must be satisfi

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    13.36 In many instances, placements

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    for ALP to be made otherwise than i

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    child’s parent or young person, u

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    IDP review meetings Before the meet

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    14.29 Reviews led by the school or

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    details of the local authority avoi

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    Where the school/FEI/local authorit

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    PROCESS FOR REVIEWING AN IDP - INCL

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    Chapter 15 - Ceasing to maintain an

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    15.12 A question of whether a child

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    [Where a maintained school has sent

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    Chapter 16: Transferring an IDP Sum

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    transitions in mid year if there is

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    17.19 Where a child or young person

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    17.25 The transition between primar

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    attend. It may also be suitable to

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    Gavin’s permission outlines his s

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    Chapter 18: Avoiding and Resolving

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    Support to unpick difficulties and

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    support the needs of the child and

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    approach, bringing together the man

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    Provide children and young people w

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    18.56 In these circumstances, consi

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    Experience has shown that these mee

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    Chapter 19: Appeals and Application

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    19.9 When an appeal has been heard

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    Chapter 20: Children and Young Peop

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    20.12 The incorporation of the IDP

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    20.24 A local authority may arrange

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    20.40 Parents who choose to educate

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    20.49 Relevant youth accommodation

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    20.60 Where the home authority is r

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    order to enable that authority to e

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    Annex A - Glossary In this glossary

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    appointed under section 79(4) of th

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    Annex B - Transport Summary This An

  • Page 215 and 216:

    e trained as bus buddies or escorts

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    parents and young people and educat

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    The views, wishes and feelings of t

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    Responsibility for the IDP The na

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    Record ( of information used to dev

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    What is working ? What could be bet

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    Description and delivery of the chi

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    Speech and language therapy, modell

  • Page 231 and 232:

    Details of any disapplication of th

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    Summary of Key events: 03/08/2006

  • Page 235:

    All reports form agencies reference

Traded services offered to maintained schools 2012/13
Indicative Draft: The (0-25) Special Educational Needs Code of Practice
Indicative Draft: The (0-25) Special Educational Needs Code of Practice
Indicative Draft: The (0-25) Special Educational Needs Code of Practice
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Indicative Draft: The (0-25) Special Educational Needs Code of Practice
Indicative Draft: The (0-25) Special Educational Needs Code of Practice
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