Additional Learning Needs ('ALN') in Wales

If your child is not making sufficient progress, or you can see that they are struggling to learn at the same pace as other children of the same age, they may have additional learning needs. If your child has additional learning needs, they should be provided with additional support to help them learn. 
Your child may be provided with ‘Universal Provision’ within the classroom as their method of support. However, if your child has ALN it is likely that they may require an Individual Development Plan (‘IDP’) to help meet their needs.

The Welsh Government has transformed the previous SEN framework for children in Wales with special educational needs as of September 2021, through the implementation of The Additional Learning Needs and Education Tribunal (Wales) Act 2018. It is anticipated that by August 2025, the 2018 ALN Act should be fully implemented across Wales. Meaning that all those previously in receipt of a Statement of SEN should receive an Individual Development Plan.  
As with Statements of Special Educational Needs, an IDP will describe the additional learning needs the child has and what provision is required to address the same. The provision listed within an IDP is referred to as Additional Learning Provision (‘ALP’).

Additional Learning Needs has replaced the term Special Educational Needs in Wales however the definition is materially the same. A child/young person has ALN when they:

• Have a significantly greater difficulty in learning than the majority of others of the same age; or
• Have a disability for the purposes of the Equality Act 2010 which prevents or hinders him or her from making use of facilities for education or training of a kind generally provided for others of the same age in mainstream maintained school or mainstream institutions in the further education sector; and
• the learning difficulty or disability calls for Additional Learning Provision.

The final point is significant as, if a learning difficulty can be addressed through universal, or ordinarily available provision and does not require additional learning provision, then the learner will not be considered to have additional learning needs. 
To determine whether a child / young person has additional learning needs, a statutory assessment will be conducted by maintained schools or Local Authorities (in certain circumstances).

Following the statutory assessment, the school will decide if your child / young person has additional learning needs that call for additional learning provision. If your child does have additional learning needs that call for additional learning provision, the school will issue and maintain your child’s IDP. If the school decides that your child does not have additional learning needs that calls for additional learning provision, you can challenge this decision with the Local Authority by asking them to reconsider whether your child has additional learning needs.

Under the new legislation, there are two distinct types of IDPs:

• IDPs prepared and maintained by schools or further education institutions;
• IDPs prepared and maintained by Local Authorities.

The key differences between these two types of IDP are in terms of responsibility, complexity, and oversight. 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 learns needs can be addressed within 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 contrast, a Local Authority-maintained IDP is overseen by the Local Authority where the child or young person resides. A Local Authority-maintained IDP is required when a pupil has significant or complex needs, requiring multi-agency support, or specialist services beyond the school’s capabilities. With a Local Authority-maintained IDP, the Local Authority will ensure that appropriate professionals and external services are involved to meet the child or young person’s needs.

If your child has a school-maintained IDP but you believe that they require a Local Authority maintained IDP, you can contact the Local Authority and request that they adopt your child’s IDP.

Your child’s School/ Local Authority may make decisions that you do not agree with. These can include:

• School rejecting that your child has ALN that requires ALP
• School’s refusal to issue a school-maintained IDP
• Local Authority’s refusal to adopt your child’s school maintained IDP.
• The content of a Local Authority maintained IDP.
• The School named within your child’s Local Authority maintained IDP

Each of the above can be challenged, either to the Local Authority or the Education Tribunal for Wales. If you have any questions, or concerns about additional learning needs, our specialist solicitors are here to help