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Needs Code February 2017

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

staff supervision;

staff supervision; sharing good practice; and relevant continuous professional learning. 3.10 Where a child or young person has ALN, this should be explained to them in a manner which reflects their ability to understand. When an IDP is being developed or reviewed, the child or young person should be involved at an appropriate level. Children and young people should be helped to understand what is being agreed, including the outcomes that they are to aim for and that the ALP is intended to result in. The child or young person should be supported to understand the purpose of any interventions and programme of action. 3.11 The child or young person should be told which member of staff they can discuss any difficulties or concerns with. This might be a role for the designated ALNCo (see Chapter 5). Capacity of children 3.12 The Act recognises that not all children will have the capacity to understand 10 : information or documents that must be given to them under part 2 of the Act; or what it means to exercise the rights conferred on a child by the Act. 3.13 The Act therefore provides that if a local authority, maintained school, FEI or NHS body considers that child lacks capacity, then the specific duties or conditions placed on them in relation to the rights conferred by part 2 of the Act 11 , do not apply. However, there are a number of exceptions to this. i. Decisions by maintained schools that a child does or does not have capacity can be referred by a child or their parent, for local authority reconsideration. If the local authority decides that the child does have capacity, the specific rights conferred on the child are exercisable by the child; ii. A child or a child’s parent may apply to the Tribunal for a declaration that a child does or does not have capacity. Where the Tribunal declares that the child does have capacity, the specific rights conferred on the child are exercisable by the child; and iii. On the application of any person, or on its own initiative, the Tribunal may by order appoint a person to be a case friend for a child who does not have capacity (see Chapters 18 and 19). Where a case friend is appointed, the specific rights conferred on the child are to be exercised by the case friend on behalf of the child. 10 Section 75 of the Act 11 These duties and conditions are those listed in section 75(1) of the Act Page | 14

3.14 Even where children do not have sufficient capacity to understand how to exercise their specific rights under the Act, the general duty to have regard to the following points still applies: their views, wishes and feelings, the importance of them participating as fully as possible in decisions; and the importance of them being provided with the information and support necessary to enable participation in those decisions. Working with young people 3.15 Some young people may choose not to have their parents’ support in respect of their ALN; others will choose to have assistance from their parents, a support worker, social worker, careers advisor or someone else. Engaging directly with the young person is an important step on their journey to increased independence and will help them to take control of their learning. 3.16 The duties in sections 9 and 10 of the Act (to decide and prepare and maintain an IDP) do not apply in relation to a young person who does not consent to the decision or the plan being prepared or maintained (as the case may be). 3.17 When working with a young person, there needs to be consideration of their capacity. Young people above compulsory school age are the key decision maker; this is based on them having the capacity to make these decisions. Consent is required by a young person for others to make decisions about their ALN; this reflects the presumption that the young person has the capacity to provide consent. A decision that a young person does not have capacity should not be taken lightly. Every effort should be made to find out a young person’s views whenever possible. Parents 3.18 The duty to involve and support children and young people under section 6 of the Act, which is outlined above, also applies to parents. 3.19 Parents hold key information and have a critical role to play in their child’s education. They have unique strengths, knowledge and experience to contribute to the shared view of the child’s needs and the best way of supporting them. There should be no presumption about what parents can or cannot do to support the child’s learning. All parents have a right to participate in decisions about their child’s education and a positive attitude towards including parents should be adopted. 3.20 Leading up to a decision that a child has, or may have, ALN may create alarm or anxiety for the parents and family. Parents will need to be supported throughout the process. Page | 15

  • 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 and 10: Chapter 1: Introduction Our Vision
  • Page 11 and 12: ensure that in carrying out their f
  • 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: a child or young person who is hear
  • 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
  • Page 61 and 62: the school, the child and their par
  • Page 63 and 64: 7.2.27 Concerns might also be expre
  • Page 65 and 66: DECISION ON ADDITIONAL LEARNING NEE
  • Page 67 and 68: policy should set out how the FEI w
  • Page 69 and 70: has communication and/or interactio
  • Page 71 and 72: 7.3.25 Where FEIs have staff which
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    Chapter 8: Decisions that a child o

  • Page 75 and 76:

    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

  • Page 211 and 212:

    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

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    Details of any disapplication of th

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    Summary of Key events: 03/08/2006

  • Page 235:

    All reports form agencies reference

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