Additional learning needs, individual development plans, council reconsideration and appeals to the Education Tribunal for Wales.
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Check a SEND Decision →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.
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.
There is no right of appeal to the tribunal against a decision made by a school alone. You can ask the council to reconsider:
Council guidance says the council has up to 7 weeks to reconsider. If you disagree with the council's decision, you can then appeal to the tribunal.
Children, their parents and young people (over compulsory school age and under 25) can appeal.
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.
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.
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. This guide does not cover the time limit for a claim: ask the tribunal or Citizens Advice (Wales).
This guide gives no money figures.
The decision letter: it explains your right to ask for a reconsideration or to appeal.
Your council: it must arrange free, impartial information and advice about ALN, and access to independent advocacy.
Education Tribunal for Wales: educationtribunal.gov.wales has the appeal guidance and forms.
Citizens Advice (Wales): 0800 702 2020
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