ALN & IDP Solicitors in Cardiff.

A request for an IDP can be made by a parent, a child who is considered capable of exercising their own rights, or a young person. Requests should be made in writing to the school if the child is in maintained education, or to the local authority if the child is educated otherwise than at school or is being home educated. The school or local authority must then decide whether the child has ALN and, if so, prepare an IDP. There is no prescribed form for a request — a clear written letter identifying the child and explaining the concerns about their learning is sufficient. If you are unsure whether your child has ALN, requesting an assessment is the first step. Schools also have a duty to identify ALN proactively — you do not always need to make a formal request.

The Welsh ALN system extends beyond school age and covers young people in further education up to the age of 25. A young person who has ALN and is in further education — at a college or other institution — is entitled to have an IDP maintained for them, with the further education institution taking on the responsible body role. The transition from school to further education should be planned in advance, with the IDP reviewed and updated to reflect the new setting and the young person's goals. If appropriate further education provision is not available locally, the local authority may have an obligation to fund provision elsewhere. Planning ahead for post-16 transition is one of the most important things families can do while the child is still in school.

The Statement of SEN system in Wales was replaced by the ALN system from September 2021 after a transition period. The new system is designed to be more person-centred, to extend support to further education and to a wider range of learners, and to involve children and young people more directly in decisions about their own education. Key differences include: IDPs replace Statements; the system covers 0 to 25 rather than 0 to 19; schools take on more of the responsible body role; and there is a greater emphasis on outcomes rather than provision inputs. Many families who were mid-process during the transition experienced disruption — if your child's needs were not adequately addressed during the changeover, those issues can still be pursued.

Additional Learning Provision (ALP) is the educational and other provision made to meet a child's ALN — it can include specialist teaching, speech and language therapy, occupational therapy, assistive technology, and a range of other support. The provision must be described specifically in the IDP and must be sufficient to meet the identified needs. If the local authority refuses to fund provision that your child needs — either by omitting it from the IDP or by naming a setting that cannot meet the needs — this can be challenged at the Education Tribunal for Wales (ETW). Independent expert evidence is often essential to demonstrate what provision is required. Local authorities have a legal duty to make the provision specified in the IDP — once it is in the plan, it is enforceable.

If a local authority or school refuses to prepare an IDP — either by deciding the child does not have ALN or by failing to act on a request — that decision can be challenged. The first step is to seek a review of the decision and to request written reasons. If the decision stands, an appeal can be made to the Education Tribunal for Wales (ETW). The tribunal can direct the local authority or school to prepare an IDP. Taking legal advice before appealing is strongly recommended — presenting the right evidence and framing the case correctly at tribunal makes a significant difference to the outcome. Independent educational assessments — from a psychologist or specialist — can be crucial supporting evidence.

Wales operates a distinct education support system for children and young people with learning difficulties or disabilities — the Additional Learning Needs (ALN) system, introduced by the Additional Learning Needs and Education Tribunal (Wales) Act 2018. It replaced the previous Special Educational Needs framework in Wales and is separate from the SEN and EHCP system in England. The Welsh system uses different terminology — ALN rather than SEN, Individual Development Plans (IDPs) rather than EHCPs, and Additional Learning Provision (ALP) rather than special educational provision. The tribunal for Wales is the Education Tribunal for Wales (ETW). If your child is educated in Wales, the Welsh ALN system applies regardless of where you live.

A Named Person is an individual designated to support a child or young person with ALN and their family in navigating the ALN system. The Named Person is typically a professional already involved with the child — a teacher, social worker, or health professional — rather than an independent advocate. Their role is to provide a point of contact, help the family understand the ALN process, and coordinate between agencies. The Named Person does not make decisions about provision — that remains with the responsible body. In complex cases or where relationships with the local authority are difficult, families may benefit from independent advice from a solicitor or specialist advocate in addition to the Named Person.

Yes — the Welsh ALN system gives young people their own rights, separate from their parents, from the age at which they are considered capable of exercising them. A young person who has capacity can make their own requests, participate in IDP reviews, and bring their own appeals to SENTW. The Act does not set a fixed age — capacity is assessed individually. In practice, from around age 16, young people are increasingly treated as having their own voice in the process. Where a young person lacks capacity, a parent or other representative can act on their behalf. This emphasis on the young person's own rights is a distinctive feature of the Welsh system and is more developed than the equivalent provisions in England.