Blog: Additional Learning Needs (ALN) Act and Code

As we know, the Additional Learning Needs (ALN) Act and ALN Code have been updated in Wales. With this comes a new set of statutory regulations with the aspiration to make the system more efficient, both for children and young people with ALN, and for their parents and carers who support them.

The following blog outlines some of the important changes in relation to the early years’ sector in a question-and-answer format. The below table also briefly outlines the changes in vocabulary that you may have previously been familiar with:
 

Previous terminology			New terminology
SEN	Special Education Needs		ALN	Additional Learning Needs
SEP	Special Education Provision		ALP	Additional Learning Provision
IEP	Individual Education Plan		IDP	Individual Development Plan
SENCO	Special Education Needs Co-Ordinator		ALNCO	Additional Learning Needs Co-Ordinator
LA SEN Officer	Local Authority Special Education Needs Officer		EY ALNLO	Early Years Additional Learning Needs Lead Officer
	Early Years Action/Plus		PCP	Person Centred Practice Review

Please note: by non-maintained setting we are referring to a childcare setting funded by the Local Authority to provide early years education. The ALN Code defines the responsibility legally required for Local Authorities, Schools, Childcare Providers offering funded education, FE colleges, Pupil Referral Units, for Looked After Children and for Health.

• What should a childcare or play setting do if they think they have a child who has ALN?

1. 1. In the first instance, settings should discuss their concerns with parents/carers.
   2. After discussion with parents/carers, either the setting or the parent can bring the concerns to the attention of the local authority.
   3. In the absence of parental agreement to approach the local authority, the setting should consider the best interests of the child and consider still making contact. The Early Years ALNLO would be a good first point of contact.
       

• Who decides whether a child who attends a childcare or play setting has ALN?

The local authority is responsible for making a decision about whether a child who attends a non-maintained setting has ALN (under chapter 2 of Part 2 of the ALN Act). Non-maintained settings do not have functions under the ALN Act to make a decision about whether a child has ALN.

For childcare and play settings that are not funded for early years education, again, the decision would be made by the local authority.
 

• What might the local authority ask of me to help to identify whether a child has ALN?

Where a setting is funded for early years education the local authority could ask the non-maintained provider to, for example, provide some evidence to help the local authority decide if the child has ALN. In support of the child, any evidence that the early education and care providers can offer should help with reaching an informed decision; it would be you and your staff that see the child in the context of their daily activities and would be alert to the individual’s challenges and needs. This is where your ongoing observations are extremely valuable to the process.

For settings that are not funded for early years education you may also be asked to provide evidence to support decision making.
 

• Do we need to assign an ALNCO within our setting?

Unlike in schools, there is no requirement for non-maintained settings or childcare and play settings more generally to assign a specific ALNCO. However, it is best practice for one or two people to act as the main contact between the setting and the Early Years ALNLO. The Early Years ALNLO will manage the statutory duties that Local Authorities have for all children under the school compulsory age.
 

• Who creates, maintains and implements an Individual Development Plan (IDP) for a child who has been identified as having ALN?

The local authority is responsible for determining the appropriate support for individual children and for managing the IDP process. For children identified as having ALN who attend a childcare or play setting this is the responsibility of the Early Years ALNLO, or a delegated Local Authority Officer under the accountability of the Early Years ALNLO.
 

• Will I be required to attend a Person Centred Practice (PCP) meeting?

There is no legal obligation to attend a PCP meeting as a non-maintained setting. Where a provider wishes to accept an invitation to contribute to a meeting about ALN or an IDP, this could be done by attending the meeting (in person or remotely) or by contributing outside of the meeting though, for example, by providing some evidence about the child’s needs or progress.
 

• How might I be asked by a local authority to support children with ALN in a non-maintained setting?

If a child attending your provision has been identified as having ALN and an IDP has been developed by the local authority, you should, where requested, help the local authority in the exercise of its ALN functions in relation to that child. The local authority may, for example, arrange for a speech and language therapist to deliver speech and language therapy to a child or, where appropriate, may arrange for a speech and language therapist to provide training and resources to members of staff at a childcare setting to enable them to support the child. The IDP will identify supporting practices that will help the child with their learning, development and care in the context of the settings they attend.

If the child is receiving education or childcare through the medium of Welsh this must be documented in the IDP and all reasonable steps should be taken to ensure that any support is also available through the medium of Welsh. 
 

• How can I support children with ALN in a childcare or play setting?

It is important to have a policy in place which follows current legislation and guidelines in respect of ALN.  This should be kept up to date to ensure that it reflects changes to the legislation, guidance, and local processes in place.

It is important to work with the parent(s)/carer(s) to understand how to support a child with specific issues and challenges to help the child with accessing the opportunities and experiences as positively as possible.

There is guidance and further resources available to help you support children with ALN. Please contact your relevant Umbrella Organisation.
 

• What if a parent is not happy with a decision made in relation to their child regarding ALN?

It is important to note that the parent’s and child’s rights are protected. If a parent disagrees with a decision the LA has made, they have the right to appeal to the Education Tribunal against decisions made by a local authority in relation to their child’s ALN or their IDP.
 

• Will there be training for childcare settings in relation to ALN?

Whilst the Act and Code does not require any additional training for providers, the Early Years ALNLO should ensure that systems or arrangements are in place to support childcare staff to develop their skills and knowledge of ALN. This might help with the early identification of children with ALN and facilitate early interventions of support. The Early Years ALNLO should also help with raising awareness of the systems and relevant guidance for ALN under the Act and Code in Wales. The Welsh Government has also produced a series of training programmes about the ALN system, including an introduction to the ALN system an introduction to the ALN system.
 

• Are there resources to share with parents regarding the changes?

The Welsh Government has produced a short video clip for parents explaining the new system. Share with your parents, carers and families:

https://www.youtube.com/watch?v=zGqUdATKI6E
 

• How can I work with other education, childcare and play settings  a child might attend?

As mentioned, the Code specifically places duties on LA’s and non-maintained providers. Where a child is receiving care in other contexts (childcare settings, wraparound provision, out-of-school childcare), alongside education, good practice would be for these settings to liaise together, with parental permission, to gain a full understanding of the child’s needs.
 

• Where can I get further support and guidance?

All these updates are to help support early identification of ALN and help children make learning progress, avoid the challenges associated with late implementation of support for the child and to protect the Rights of the child. To find out more, or for further support, please contact your relevant Umbrella Organisation.