The Transition From SEN Statements to IDPs in Wales
The Additional Learning Needs and Educational Tribunal (Wales) Act 2018 (“ALN Act”) and the Additional Learning Needs Code for Wales introduced significant changes to the way children and young people with special educational needs/ additional learning needs (“SEN/ALN”) are supported across Wales. Under the new ALN system, Statements of Special Educational Needs (“Statements”) have been replaced by Individual Development Plans (“IDPs”), with all Statements expected to have transitioned by the end of August 2025.
One area of significant change concerns specialist college placements for young people with ALN aged 16 to 25. Responsibility for funding and decision-making has now transferred from the Welsh Government to Local Authorities.
This article focuses specifically on situations where a child or young person has an IDP and is seeking a specialist college placement in Wales. If your child still has a Statement, please contact our specialist solicitors today.
During 2018, the Welsh Government passed new legislation called the “ALN Act” and Additional Learning Needs Code 2021, which replaced all of the existing legislation and guidance about Special Educational Needs (SEN) in Wales. Any Statements continued to be a legal document until replaced by an IDP or until the Local Authority informed parents that it intended to end a Statement of SEN. All Statements should have been replaced by an IDP by the end of August 2025. If your child still has a Statement, please contact our specialist solicitors today.
Specialist College Placements Under the ALN System
Previously, the Welsh Government was responsible for making decisions regarding funding placements for young people aged 16 to 25 years old with ALN who require access to a specialist further education college. This has now changed as part of the new ALN system, with responsibility transferring to Local Authorities from September 2025. All specialist college placement requests are now directed to your Local Authority instead of the Welsh Government.
Requests That Should Be Directed to the Local Authority
For the following types of requests, contact should be made with the young person’s Local Authority:
- A new request for funding specialist further education provision;
- A request to extend a programme of study beyond the agreed end date (whether the placement is funded by the Welsh Government or your Local Authority);
- A request for an additional programme of study for a young person already accessing specialist further education provision;
- Changes to a placement that is currently being funded by a Local Authority.
The Role of Careers Wales in Transition Planning
In addition to responsibility moving from the Welsh Government to Local Authorities, Careers Wales will also no longer have any duties in relation to funding or funding applications for specialist college placements for young people. Careers Wales can, however, continue to support young people, Local Authorities and schools.
Careers Wales advisers provide careers information, advice and guidance to children and young people on different career options, as well as sharing dates of open events, such as those held at local colleges. They can also provide information on different courses and guidance to help individuals consider all available options, including continuing education and different career pathways.
For pupils in Years 9, 10 or 11, the school or Local Authority undertaking a review of the IDP which is considering transition from compulsory education may wish to involve a careers adviser in the review to discuss career options.
Transition Planning for Young People With ALN
When transitioning from a secondary setting to a post-16 setting, appropriate transition planning needs to be put in place. Transition planning can take place at any time. The most common approach is to discuss transition at the IDP review before an expected transition. If the transition is due to take place before the next IDP review, it may be appropriate to bring the review forward.
What Should Be Included in a Specialist College Placement Request?
Matters to cover when submitting a specialist college placement request to your Local Authority include:
- Providing a true and accurate description of the young person’s ALN;
- Providing the specific and quantified provision the young person requires, such as the type of environment, class size and specialist support needed;
- Evidence of any previous failed mainstream settings;
- Why the specific specialist college is required, including what provision the college can offer in comparison to other local provisions;
- Evidence demonstrating the unsuitability of other local provisions.
Supporting Evidence for Specialist College Applications
It is imperative when submitting an application for a specialist college placement that you consider the evidence you intend to provide in support of your application. This evidence can include reports from professionals such as an Educational Psychologist, Social Worker, Occupational Therapist and other health professionals.
Challenging ALN Decisions and Seeking Legal Advice
If you are experiencing difficulties within the ALN system, please contact our specialist solicitors today. Our Education Law team has extensive experience assisting with SEN and ALN matters and would be pleased to assist you in challenging a Local Authority’s decision. We offer a free initial consultation to discuss the best way to challenge the decision and how we may be able to assist you.
If you would like to discuss your matter with one of our lawyers, please contact us on 0333 202 7175 or education@hcbgroup.com
