Safeguarding issues and need for LA support

Commentary

Please note that the commentary is based on the current legislative framework for Additional Learning Needs (ALN) pupils.

The roll out of the Additional Learning Needs and Education Tribunal (Wales) Act will now commence in September 2021. Further information can be found below regarding specific roles and responsibilities.

https://gov.wales/additional-learning-needs-transformation-programme

https://gov.wales/the-additional-learning-needs-code-and-regulations

All schools and governing bodies have statutory duties regarding pupils with ALN. This includes the governing body’s responsibility to determine the school policy and approach to meeting the needs of pupils with ALN and those without. Most governing bodies appoint a link governor and/or committee to have overview and oversight of the school’s arrangements.

https://gov.wales/special-educational-needs-code-practice

add link here – https://gov.wales/additional-learning-needs-code

Governors Cymru Services also has information on the role of the SEN/ALN link governor.

http://governors.cymru/sengovernor/

The Local Authority also has a specific responsibility to provide support to schools, regarding the making of provision for children with ALN, as well as planning, monitoring and reviewing the provision for these children.

It would be reasonable, therefore, to expect dialogue with the Local Authority on the best way forward for individual pupils who are causing serious concern. This would usually involve the relevant staff member e.g. ALNCO and possibly the Headteacher, plus in some cases, any other relevant multi-agency organisations.

The actual involvement of governors in this case may well be further down the line, should there not have been adequate support provided.

Ultimately, there is a duty of care to staff members and if following risk assessments and discussion with the relevant agencies, there is insufficient support provided for individual pupils, for example, this could be one to one support, the safety of staff and other pupils is paramount.

No reference is mentioned in this situation of pupil exclusion, but where there are serious and high-risk situations, exclusion could be a consideration, albeit the last resort.

The links below provide additional information:

https://gov.wales/safe-and-effective-intervention-guidance-schools-and-local-authorities

https://gov.wales/keeping-learners-safe

https://gov.wales/behaviour-management-classroom-guidance-secondary-schools

https://gov.wales/behaviour-management-classroom-guidance-primary-schools

https://gov.wales/additional-learning-needs

Please note that the implementation of the ALN system for the first year will be sequenced.  Further information can be found here:

English: https://gov.wales/written-statement-additional-learning-needs-and-educational-tribunal-act-2018-implementation

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