Code of practice
Section 4 - Additional learning needs code
16.Section 4 requires the Welsh Ministers to issue and publish on their website a code on ALN. This can contain guidance about the exercise of functions under Part 2 of the Act, and about other matters relating to ALN and it must include guidance on a governing body’s duty to take all reasonable steps to secure ALP for a pupil or student whilst an IDP is being prepared for that person (see section 47(3)). The persons listed in section 4(3) must have regard to the code when exercising their functions under this Act in relation to ALN. This means that the guidance in the code should be adhered to unless there is a good reason to depart from it. Subsection (4) signposts section 153 of the Education Act 2002 which, as amended by this Act (see Schedule 1), requires local authorities, in funding non-maintained providers of nursery education, to require the provider to have regard to relevant guidance in the code.
17.The code may also impose requirements on local authorities and governing bodies of maintained schools or FEIs in respect of specific matters (see subsection (5)). It may also set out what is required of a local authority and local health board to discharge their duties in sections 7(1) and 8(1) to have due regard to particular United Nations Conventions (see sections 7(4) and 8(4)).
18.There are certain requirements on governing bodies and local authorities which the code must include (subsection (6)). It must include one or more standard form or forms for an IDP and require that the appropriate form is used. It must also require those bodies to do the following within a period of time set by the code, subject to any exceptions (also provided for in the code):
give any notification that a child or young person does not have ALN; and
where it is determined that the child or young person has ALN, prepare and give a copy of the IDP.
19.The code may make different provision for different purposes or cases, and make transitory, transitional or saving provision in relation to both a requirement imposed under subsection (5) or provision made under section 7 or 8.
20.The Tribunal must have regard to the code where relevant to any questions arising on an appeal under Part 2 (subsection (10)).
Section 5 - Procedure for making the code
21.Section 5 ensures that there is consultation on the code (or a revised code) and scrutiny by the National Assembly for Wales before it is issued. Subsection (1) lists the public bodies or persons who must be consulted on a draft code or a draft revised code, which includes anyone else the Welsh Ministers consider appropriate. Then, a proposed code or revised code (which may have been modified from the draft consulted upon) cannot be issued unless the draft has been laid before and approved by resolution of the Assembly. If the draft is approved, it must be issued as the code. The code comes into force on the day or days appointed by the Welsh Ministers in an order. The code must be published on the Welsh Ministers’ website (section 4(11)).