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Needs Code February 2017

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Children attending

Children attending non-maintained settings 7.1.34 Many children under compulsory school age attend non-maintained settings such as private or voluntary run playgroups, nurseries or meithrin. Where parents of children have concerns, it is open to them to contact the local authority asking them to determine whether the child has ALN. Local authorities must usually then go on to decide whether the child has ALN. 38 (see Chapters 8 to 9.3). 7.1.35 Local authorities should work with other providers of nursery education and childcare so they too are capable of identifying and reporting ALN. 38 Section 11(1) and 11(6) of the Act Page | 48

Chapter 7.2: Identification of ALN – within schools Summary 7.2.1 This Chapter provides specific guidance in respect of the identification of ALN for pupils within schools. In many cases early identification and intervention can significantly reduce the need for (potentially more costly) interventions at a later stage and in some cases produce significantly more effective results. Pupils at Maintained Schools 7.2.2 Every governing body of a maintained school in Wales has duties under the Act about identifying and addressing the ALN of the pupils registered with them. All maintained schools should, therefore, have a clear, robust and transparent approach to identifying and responding to ALN. 7.2.3 The school must decide whether a pupil has ALN whenever it is brought to their attention, or appears to them, that one of its pupils may have ALN 39 . There are the following exceptions to this requirement: An IDP is already being maintained for the pupil. The school has previously decided the issue, is satisfied that the pupil’s needs have not changed materially since that decision and there is no new information which materially affects that decision. The pupil is a young person (that is, over compulsory school age) who does not consent to the decision being made. The child or young person is dual-registered - that is they are also registered at another school or also enrolled at an FEI (even if it is in England) and a local authority is responsible for the child or young person (i.e. the child is not ordinarily resident in England). Where they are dual-registered the governing body must refer the case to the local authority, see Chapter 20. The child or young person is a detained person (see Chapter 20). A local authority in England maintains an EHC Plan for the child or young person. This is an education, health and care plan under Part 3 of the Children and Families Act 2014. This would only be relevant if the pupil is ordinarily resident in England. The pupil is a child who is looked after by the local authority unless the child is ordinarily resident in England (see Chapter 20). 40 7.2.4 The benefits of early identification are widely recognised. Identifying need at the earliest point and then making effective provision greatly enhances the opportunity for the child or young person to achieve their potential. The earlier action is taken, the more responsive the individual is 39 Section 9(1) of the Act. 40 Section 9(3) and (5) of the Act. Page | 49

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