Memorandum submitted by the Royal College
of Speech and Language Therapists
ADDITIONAL LEARNING NEEDS PROPOSED LCO
Thank you for the opportunity to respond to
the consultation on the Proposed Additional Learning Needs LCO.
This is a joint response to the consultation
produced by Royal College of Speech and Language Therapists and
the All Wales Speech and Language Therapy Managers Committee.
Firstly I would like the opportunity to give
you some facts about our two organisations.
The Royal College of Speech and Language Therapists
(RCSLT) is the professional body for speech and language therapists
and support workers in the UK. The College provides leadership
in order that issues concerning the profession are reflected in
public policy and people with communication, eating, drinking
or swallowing difficulties receive optimum care. The RCSLT leads
an inclusive profession whose members deliver quality services
to meet diverse needs.
RSCLT represents around 12,000 Speech and Language
Therapists, Technical Instructors, Assistant Speech and Language
Therapists and students in the UK.
Approximately 400 qualified Speech and Language
Therapists practice in Wales.
RCSLT members work primarily in the NHS but
also in the independent sector, Education, Research and the Voluntary
sector. About 70% of the profession work primarily with children
with speech and language and communication difficulties, 30% with
adults.
All Wales Speech and Language Therapy Managers
Committee is the body that makes representation and gives advice
relating to provision of speech and language therapy services
in Wales to the National Assembly for Wales both directly and
via the Therapies Adviser to Welsh Assembly Government and Wales
Therapies Advisory Committee. It promotes best practice and develops
all-Wales standards and policies to ensure equity of provision.
Before formally responding to the questions
posed in the consultation we would like to state in the strongest
terms that we welcome this LCO.
We would like to move now to answering your
questions regarding the LCO as set out in the consultation document:
1. To what extent might the transfer of functions
proposed have wider implications for the UK budget?
We do not feel it is possible at present to
determine the wider implications for the UK budget if the LCO
were to be passed. As the current settlement stands the Assembly
can only expect to receive the monies already allocated by the
UK Government. There may, however, be an increase in administrative
costs.
2. To what extent might the transfer of functions
impact on reserved functions; for example, would the transfer
of functions increase regulatory burdens on business?
By definition the LCO will have an impact on
reserved functions as the Welsh Assembly Government will be in
receipt of more power but it would be the Measures under that
LCO that could have specific impact and therefore, as Measures
are not yet outlined, we believe that it is not yet possible to
answer this question in full.
3. Are there any cross-border issues relating
to the LCO? (Would legislation subsequently be required in England?)
As this falls in part in the Health Sector there
may be cross-border issues, especially in the provision of services
for residents in Mid and North Wales. Traditionally these areas
have bought into English providers. However, we believe that post
LCO this can be achieved, in the main, via contractual understanding
between commissioner and provider rather than the need for primary
legislation.
4. Would the proposed LCO necessitate the
formation or abolition of Welsh institutions and structures? If
so, where does the legislative competence to exercise such changes
lie?
This LCO in itself would not necessitate this
but further Assembly Measures and Welsh Government policy initiatives
may generate structural reform.
As part of our submission to the National Assembly's
consultation exercise we have stated that new legislation should
be accompanied by adequate resources and that the provision for
these resources can be shared by both Education and Health Departments
in Wales. We recognise that more seamless funding by separate
departments may require reform.
5. Is the LCO request in the spirit and scope
of the devolution settlement?
The LCO covers both areas of Health and Education,
as these are, in the main, devolved issues then we feel that the
LCO is within the scope and spirit of the settlement.
The Assembly already has legislative competence
in relation to a number of education matters, as a result of powers
conferred on the Assembly by the Education and Inspections Act
2006. This LCO would add Additional Educational Needs to those
Matters.
The Explanatory Memorandum produced by the Welsh
Assembly Government is helpful in answering this question:
"Education and training has been a devolved
subject area for many years and the Assembly Government has wide
ranging powers across the spectrum of education and training,
including in relation to schools, nursery schools, universities,
further and higher education institutions and special educational
needs. The Assembly Government also has a range of primary legislative
powers and there are also numerous secondary legislative powers
in these areas, which makes different provision in relation to
education and training in Wales."
6. Is the use of the LCO mechanism in accordance
with the Government of Wales Act 2006?
So far as we can tell, yes. The proposed Legislative
Competence Order would confer further legislative competence on
the National Assembly for Wales, in the Field of Education and
Training (Field 5 within Schedule 5 to the Government of Wales
2006 Act). This seems entirely in keeping with the Act.
7. Is the use of an LCO more appropriate
than, for example, the use of framework powers in a Westminster
Bill?
We understand that the emergence of this LCO
is direct consequence of reports and recommendations flowing from
the National Assembly. As this institution has different priorities
from the Westminster Government we believe that the LCO is the
most expedient method.
8. The extent to which there is a demand
for legislation on the matters in question?
Again, the Explanatory Memorandum produced by
the Welsh Assembly Government is helpful in answering this question:
The legislative competence sought through this
Legislative Competence Order will enable implementation of key
components by Assembly Measure of the Welsh Assembly Government's
Special Educational Needs/Additional Learning Needs policy in
Wales, including matters dealt with in the former Education, Lifelong
Learning and Skills Committee review. The competence will also
enable the Welsh Assembly Government to bring forward measures
for special educational provision, children, young people and
adults with additional learning needs. The principle of different
educational provision for such individuals is already well established
in law and practice in Wales.
. . . The legislative competence sought would
support the above and also comply with other policy initiatives
that impact upon ways of working with pupils with additional learning
needs and to which the Assembly Government would wish to ensure
collaborative working.
In introducing the LCO to the National Assembly
for Wales in June 2007, the then Minister for Education, Carwyn
Jones AM, made the following pertinent observations:
Having additional learning needs as the subject
of the first Legislative Competence Order is highly appropriate.
Policy in this area of education has been developed on a collaborative,
all-party basis for some time. The former Education, Lifelong
Learning and Skills Committee undertook a comprehensive review
of special educational needs in three parts, first covering early
identification and intervention, secondly, statementing and, thirdly,
transitions. Each of these reports was followed by an action plan,
and the final one on transitions was debated and agreed in Plenary
in the previous Assembly on 27 March this year.
If we are to achieve the significant improvements
that the committee sought and that we wish to see for those with
special educational needs, and, more broadly, for those with additional
learning needs, we need to make changes in the existing primary
legislation. At present, under the devolution settlement, we have
responsibility for special educational needs provision in relation
to education and training, without, however, the legislative powers
for the Assembly to legislate to change fundamental aspects of
provision in this area.
We wholly concur with this sentiment. Our organisation
represents 400 Speech and Language Therapists in Wales. It is
these professionals, working at the coalface of the service, who
support this action. We are also aware that other organisations
in Wales are supportive.
Thank you again for the opportunity to contribute
to this debate and I hope we can be of further assistance.
Nigel Miller
Chair All Wales Speech and Language Therapy Managers
Committee
Rosie Jones
Member of Royal College of Speech and Language Therapists
Dr Alison Stroud
Member of All Wales Speech and Language Therapy Managers
Committee and RCSLT
28 September 2007
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