The Welsh Government has launched a consultation on reform to the SEN system – Click Here 

The proposed legislative reforms are similar to those proposed for England following the consultation last year Support and aspiration: A new approach to special educational needs and disability (click here  for the latest on that).

The Welsh Government also proposes new legislation that will 

• give a statutory footing to the concept of additional needs (AN);
• replace SEN statements with new integrated Individual Development Plans (IDP) for children and young people;
• replace the framework for the assessment and planning of provision for children and young people with SEN with a simpler more person-centred system;
• set out how integrated plans will cover those aged 0–25 years who fall within different categories of need;
• set out the duties to be imposed on relevant bodies (such as local authorities and the NHS);
• set out the resolution process for any disputes;
• impose a duty on the Welsh Ministers to issue a code of practice in relation to the new statutory framework for AN; and
• impose a duty on relevant bodies to collaborate in respect of AN provision.

 Responses to the consultation are invited by 19 October 2012.

On 6th July, the Welsh Government published draft regulations for the SENT for Wales, with a consultation document, the English language version of which states:-

What are the main issues?

1. These draft Regulations consolidate and overhaul the existing four sets of regulations that apply to SEN appeals and claims of disability discrimination.

2. They set out the procedure to be followed by a person when making a SEN appeal or a claim of disability discrimination in education to the Tribunal. They also set out the procedure governing the proceedings for determining a SEN appeal or a claim of disability discrimination and the procedure relating to compliance with orders of the Tribunal.

3. The Secretary of State for Justice’s consent is required to make provision in the draft Regulations relating to the constitution of the Tribunal, members of the Tribunal panel and compliance with Tribunal Orders. Welsh Ministers are seeking consent.

4. The draft Regulations will give effect to the Education (Wales) Measure 2009 by enabling children in specified pilot areas to make an SEN appeal or claim of disability discrimination to the Tribunal themselves

5. In addition, the opportunity has been taken to improve the structure of the legislation and recast it in more “plain English” terms to improve its user-friendliness.

Peter Oldham QC