Can I Appeal an Additional Learning Needs Decision in Wales?

Who this guide is for

Parents and carers in Wales, children, and young people under 25, who disagree with a decision about additional learning needs (ALN) or an individual development plan (IDP). It explains the ALN system, how to ask the council to reconsider a school's decision, and appeals to the Education Tribunal for Wales.

What this guide does not cover

• England, Scotland or Northern Ireland: see the England guide, the Scotland guide or the Northern Ireland guide.
• School exclusions: see our school exclusions guide.
• Old statements of special educational needs that have not moved to the ALN system: ask the council or the tribunal.
• The time limit for a disability discrimination claim: ask the tribunal or Citizens Advice (Wales).
• Complaints about a teacher or about how a school runs: ask the school, then the council.

What the rules depend on

1. Is the school or council in Wales? Yes: this guide. England, Scotland and Northern Ireland have different systems and their own guides.
2. Who made the decision? The school: ask the council to reconsider it. The council or a further education college: you can appeal to the tribunal.
3. What is the decision about? Whether the learner has ALN, whether a young person needs an IDP, what the IDP says, or ending the IDP. These can be appealed (see below).
4. When did the council tell you its final decision in a letter? The 8 weeks counts from that date.

What counts as additional learning needs

A person has additional learning needs if they have a learning difficulty or disability (whether or not it comes from a medical condition) which calls for additional learning provision. Additional learning provision is support that is different from, or extra to, what is generally given to learners of the same age.

When the school made the decision

There is no right of appeal to the tribunal against a decision made by a school alone. You can ask the council to reconsider:

• the school's decision on whether your child has ALN; or
• an IDP the school keeps, so that the council can decide whether to revise it.

The council must tell you its decision, with reasons, within 7 weeks of getting your request. If you disagree with the council's decision, you can then appeal to the tribunal.

What you can appeal to the Education Tribunal for Wales

• A council's or college's decision on whether a child or young person has ALN.
• A council's decision on whether a young person needs an IDP.
• The description of the ALN in an IDP.
• The additional learning provision in an IDP, or the fact that some provision is left out, including whether it should be provided in Welsh.
• A decision to stop maintaining an IDP.

Children, their parents and young people (over compulsory school age and under 25) can appeal.

The time limit for appealing

The tribunal says you have 8 weeks to appeal, starting from the date the council told you about its final decision in a letter. Council guidance says that if you use the council's disagreement resolution service, the time for appealing is extended by a further 8 weeks: check your decision letter or ask the tribunal before relying on this. The tribunal can allow a late appeal, but it does not have to: explain why you are late.

What the tribunal can do

The tribunal can dismiss the appeal, or it can order, for example, that the learner has ALN, that an IDP is prepared, or that an IDP is revised. Its orders are binding. Most orders must be carried out by the council within 7 weeks.

The draft plan, and naming a school

The law says the school or council must take into account the views, wishes and feelings of the child and the child's parent, or of the young person. It must also take into account how important it is for you to take part as fully as possible in decisions, with the information and support you need to do that. This guide does not cover how a draft IDP is shared with you: ask the school's additional learning needs co-ordinator (ALNCo) or the council.

• An IDP kept by the council can name a school or another institution where the learner should go.
• Before naming a maintained school, the council must consult the school's governing body. It can only name the school if it is satisfied that the child's interests need the additional learning provision in the IDP to be made there, and that it is right for the child to go to that school.
• A maintained school named in an IDP must admit the child.
• You can appeal to the tribunal about the school named in an IDP, or about no school being named.

Reviews, changes, and the IDP being stopped

• An IDP must be reviewed at least every 12 months. The first review period runs from the date you were given a copy of the plan. Each later period runs from the date you are given a revised plan, or a notice that the plan will not be revised.
• The child, the child's parent or the young person can ask for an earlier review. The school or council must hold one unless it considers a review unnecessary. It can also review the plan at any time.
• If the council refuses to change an IDP, refuses to keep it, or decides to stop it, you can appeal to the tribunal (8 weeks from the council's final decision letter).
• A school can stop keeping an IDP if it decides the learner no longer has additional learning needs. It must tell you first that it plans to stop, then tell you its decision and the reasons, and tell you that you can ask the council to reconsider. If the council then decides the school should stop keeping the plan, you can appeal to the tribunal.
• A school's duty to keep an IDP also ends if the learner leaves the school.

If the school or council is late

The time limits are under "Deadlines" below. The Welsh Government says schools and councils must act promptly, and can only go over these times if keeping to them is impractical because of circumstances beyond their control. The law lists the decisions you can appeal to the tribunal, and a delay is not one of them.

If the school or council is late, complain to it first. If you are still unhappy with the council, you can then go to the Public Services Ombudsman for Wales (contact details under "Where to go for help"). The Ombudsman usually only helps once you have complained to the council first.

"I think the school is discriminating because of my child's disability"

Children, their parents and young people can make a claim of disability discrimination in school to the Education Tribunal for Wales. Claims against further education colleges go to the county court. A claim must be made within 6 months of the conduct you are complaining about. If the dispute is referred to the council's disagreement resolution arrangements before those 6 months end, the period is extended by 3 months. The tribunal may still consider a late claim.

Deadlines

• School decision on ALN and an IDP: within 35 school days.
• Council decision on ALN: within 12 weeks.
• Council reconsideration of a school decision: within 7 weeks of your request.
• IDP review: at least every 12 months.
• Appeal to the tribunal: within 8 weeks of the date the council told you its final decision in a letter.
• Council carrying out most tribunal orders: within 7 weeks.

Traps

• EHC plans are an England system. In Wales the plan is an individual development plan.
• You cannot take a school's decision straight to the tribunal. Ask the council to reconsider first.
• The Welsh time limit is 8 weeks from the council's letter.
• The Education Tribunal for Wales used to be called the Special Educational Needs Tribunal for Wales.