Additional Learning Needs in Wales: Legal Advice for Children, Young People and Parents

If you are worried that your child is not receiving the support they need at school, or you disagree with a decision about their Additional Learning Needs, it can be difficult to know what steps to take next. Many parents come to us after months, or even years, of raising concerns, gathering evidence and trying to secure appropriate support, only to face delays, inadequate provision or decisions they believe are wrong.

Understanding Additional Learning Needs in Wales

The Additional Learning Needs and Education Tribunal (Wales) Act 2018 introduced the current system for supporting children and young people with ALN in Wales. It replaced the previous Special Educational Needs framework and introduced the Individual Development Plan (IDP) as the key legal document.

A child or young person has ALN if they have a learning difficulty or disability that calls for Additional Learning Provision. This means education or training provision that is additional to, or different from, what is generally provided for others of the same age in mainstream education in Wales. Most children and young people with ALN are entitled to an IDP, and the support recorded in that plan can create legally enforceable rights.

The Welsh ALN system places significant importance on involving children, young people and parents in decisions about education. However, disputes frequently arise when schools or local authorities conclude that a child does not have ALN, delay assessments, fail to update plans, or do not provide the support a child requires. These issues can affect educational progress, confidence, attendance, emotional wellbeing and future opportunities.

Challenging ALN decisions and securing support

Disputes can arise at any stage of the ALN process. Parents may need advice where a school or local authority refuses to recognise ALN, declines to take responsibility for an IDP, fails to review a plan, or does not amend it when circumstances change.

Concerns can also arise where Additional Learning Provision is inadequate, specialist recommendations are ignored, support is reduced or removed, educational placements are unsuitable, or schools fail to deliver the provision set out within an IDP. Early, practical legal advice can help families understand their options, challenge decisions effectively and avoid problems becoming entrenched.

The appropriate route will depend on the circumstances. This may involve reviewing evidence, challenging decisions by a school or local authority, seeking amendments to an IDP, addressing disputes over responsibility, or pursuing an appeal to the Education Tribunal for Wales. Taking the right approach at the right stage can make a meaningful difference to the outcome.

Individual Development Plans

The Individual Development Plan sits at the heart of the Welsh ALN system. A well-drafted IDP should clearly identify a child’s Additional Learning Needs and specify the Additional Learning Provision required to meet those needs. The provision should be sufficiently clear, detailed and capable of being delivered and enforced.

Problems can arise where needs are described too broadly, specialist evidence is not properly reflected, therapy recommendations are omitted, support is reduced without justification, outcomes are unrealistic, or provision is not being delivered in practice. We help families review draft and final IDPs, identify weaknesses and challenge inadequate plans where necessary.

School, local authority and placement disputes

Responsibility under the Welsh ALN system may rest with a school, further education institution or local authority, depending on the circumstances. Understanding who is legally responsible is often a critical issue in resolving disputes and securing appropriate support.

Parents and young people may also be concerned about educational placements and specialist provision. This may include mainstream support, specialist resource provision, special schools, independent placements, further education provision or education otherwise than at school. Where a particular placement or type of provision is necessary to meet a child’s reasonable educational needs, it may be possible to challenge decisions and pursue appropriate legal remedies.

Appeals to the Education Tribunal for Wales

Families may have a right of appeal to the Education Tribunal for Wales in a range of circumstances. Appeals can concern decisions that a child or young person does not have ALN, the contents of an IDP, the description of needs or provision, educational placements, refusals to take over responsibility for an IDP, or decisions to cease maintaining a plan.

Tribunal proceedings can feel daunting, particularly when families are already managing ongoing educational difficulties. Early legal advice can help identify weaknesses in decision-making, strengthen supporting evidence, improve IDPs, challenge unlawful decisions promptly and prepare effectively for appeals.

How can we support you?

We advise children, young people, parents and families facing Additional Learning Needs disputes with specialist legal advice so that you can make informed decisions, identify the strongest route forward and secure the educational support required.

We take a strategic and practical approach to ALN matters, ensuring that you understand your rights, understand the options available, and can respond confidently to decisions affecting your child’s education.

We frequently assist children, young people, parents and families with:

• Challenging decisions that a child or young person does not have ALN
• Reviewing educational psychology evidence
• Reviewing speech and language therapy evidence
• Reviewing other specialist professional evidence
• Reviewing draft and final Individual Development Plans
• Challenging inadequate Individual Development Plans
• Advising on Additional Learning Provision
• Advising on educational placements
• Resolving disputes about school responsibilities
• Resolving disputes about local authority responsibilities
• Advising on referrals between schools and local authorities
• Challenging failures to secure provision contained within an IDP
• Preparing for reviews of ALN provision
• Preparing for Education Tribunal for Wales appeals
• Advising on Tribunal proceedings
• Building evidence-based cases to support appropriate provision
• Enforcing educational rights where provision is not being delivered We provide clear guidance to help you understand the options available, take practical steps to protect your child’s educational interests and move quickly towards the best possible outcome. Our specialist education solicitors provide practical, strategic and compassionate support to families navigating the ALN system across Wales.