SEN/ALN in Wales
Our legal team are experts in special educational needs, providing guidance and advice throughout England and Wales.
Is your child struggling in school?
Does your child need some extra help and support?
Does your child have difficulties in an educational setting?
- Securing an Independent Development Plan
- How to appeal to the Education Tribunal for Wales
- How to appeal to the Upper Tribunal
- Changes to SEN / ALN in Wales
If you are caring for a child or young person and they are having difficulties in the educational setting, they may have additional learning needs. If your child or young person has additional learning needs, they should be given additional support to assist their learning.
The ALNCo (Additional Learning Needs Co-ordinator) and your child’s teacher will work together and decide what additional support your child may need. The school will first consider whether your child has ALN that requires ALP (Additional Learning Provision). Additional Learning Provision (ALP) is the support given to a child or young person with ALN to help with their learning. It is different to the level of support generally given to learners of the same age. This could be support in a nursery setting, school or further education college in Wales.
If the School decide that your child does not have ALN that requires ALP, they will not be provided with an IDP (Independent Development Plan). In this instance, you can contact your Local Authority and ask them to reconsider the decision. The Local Authority will have 7 weeks to consider the position and inform you of their decision as to whether they agree your child has ALN or not. If the Local Authority’s decision is that your child does not have ALN which requires ALP and you do not agree with this decision, you can lodge an appeal with the Education Tribunal for Wales within 8 weeks of the decision letter.
It is important to note that if your child already attends an independent school, receives EOTIS or is a Looked After Child, the request for an IDP can be made directly to the Local Authority. The Local Authority will be responsible for maintaining the IDP in these circumstances.
If your child attends a mainstream school and the school agree that your child has ALN that requires ALP, a school-maintained IDP will be issued. A school-maintained IDP is managed by the child or young person’s school/college. The school is responsible for creating the IDP in line with the individual’s additional learning needs. Typically, a school-maintained IDP is provided for pupils whose additional learning needs can be addressed within the school’s existing resources and expertise. However, we often see cases whereby the child or young person’s additional learning needs far exceed the resources that can be provided within the school, by the school. In some circumstances, the Local Authority will provide the school with funding or resources to assist in maintaining the IDP.
If your child has a school-maintained IDP, however you believe that your child’s additional learning needs require support that would not ‘be reasonable’ for a school to provide, you may wish to consider a request to the Local Authority asking them to take over responsibility for the IDP. The Local Authority will have 7 weeks to consider this request.
A Local Authority is also able to direct that a maintained school/FE institution maintains an IDP for the child/young person. It should only do so if it is of the view that the school could adequately determine the ALP needed and that it is reasonable for the school to secure the required provision. The maintained school is then under a duty to prepare and/or maintain an IDP, if directed by any Local Authority.
There are several sections contained within an IDP however the key sections relate to:
- 2A – Description of ALN
- 2B – Description of ALP
- 2C – ALP to be secured by an NHS body
- 2D – Placement
Section 2A must provide a true and accurate description of the child’s needs. The description of the child’s ALN should be as clear and comprehensive as possible and include the impact of the need on the child’s learning in as much detail as possible. Where there is a relevant diagnosis this should be included within this section. Section 2B must detail the specific and quantified provision required to meet the child’s needs, as described in Section 2A. Section 2D must then name the school the child is to attend. This can include a maintained mainstream / special school or an independent mainstream / special school. If the child is receiving Education Otherwise Than In School (EOTIS), Section 2D will remain blank and the provision of the EOTIS package must be detailed within Section 2B of the IDP.
If your child is in receipt of an IDP, you can request a review of your child’s ALN and / or ALP at any time. The IDP will however be reviewed annually.
There may be instances where you do not agree with the decision made by the Local Authority. You can lodge an appeal to the Education Tribunal for Wales against a decision made by the Local Authority. You cannot appeal against a governing body or a maintained school decision. You have 8 weeks to lodge an appeal against a Local Authority decision however this can be extended by a further 8 weeks if you engage in the disagreement resolution service (DRS).
If you would like advice or you would like to begin legal proceedings, our legal team will help you to secure the education that your child is entitled to. Please contact our specialist solicitors who will guide you through the legal process.