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: use the school exclusions checker.
- 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.
⚖ At a glance
- Wales uses the additional learning needs (ALN) system, set up by the Additional Learning Needs and Education Tribunal (Wales) Act 2018. Learners with ALN get an individual development plan (IDP).
- A school must decide whether a learner has ALN, and if so give them an IDP, within 35 school days.
- You cannot appeal a school's decision to the tribunal. First ask the council to reconsider it.
- You can appeal a council's or a college's decision to the Education Tribunal for Wales. The tribunal says you have 8 weeks from the date the council told you about its final decision in a letter.
- The tribunal's decisions are binding: the council must follow its orders.
The questions that decide the answer
- Is the school or council in Wales? Yes: this guide. England, Scotland and Northern Ireland have different systems and their own guides.
- 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.
- 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).
- 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, counting from the date you were first given a copy.
- The Welsh Government guide says an earlier review can be asked for by the child, the young person, the school or the college, and the council can decide to hold one.
- 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. This guide does not cover the time limit for a claim: ask the tribunal or Citizens Advice (Wales).
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.
Money figures
This guide gives no money figures.
Where to go for help
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.
Public Services Ombudsman for Wales: 0300 790 0203 or ombudsman.wales, after you have complained to the council.
Citizens Advice (Wales): 0800 702 2020
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.
📜 Sources (checked 24 September 2026)
- gov.wales: A guide about the rights of children, their parents and young people under the ALN system (appeals to the Education Tribunal for Wales, no appeal on a school decision alone, council information, advice and advocacy).
- legislation.gov.uk: Additional Learning Needs and Education Tribunal (Wales) Act 2018, explanatory notes to sections 26, 27 and 70 (council reconsideration of school decisions and plans; appeals only against councils and colleges).
- Education Tribunal for Wales: ETW01 "What is an appeal" (8 weeks from the council letter), home page (ALN appeals, disability discrimination claims in schools, binding decisions), published decision ALN 02/2025-26 (section 2 definition, section 70(2)(l), late appeal permitted, ETW Regulations 2021 reg 10).
- Senedd Research brief on petition P-06-1406 (ALN Code: 35 school days; most tribunal orders within 7 weeks; tribunal powers).
- Council ALN guidance (Conwy, Wrexham, Cardiff) and Contact IDP fact sheet: council reconsideration up to 7 weeks; appeal time extended by 8 weeks if disagreement resolution is used.
- Citizens Advice (Wales) number reused from earlier guides (checked 24 September 2026).
- Education Tribunal for Wales: ETW04 appeal case statement guidance (8 weeks from the date the council told you its final decision in a letter; using the council disagreement resolution service extends the time to apply by 8 weeks, 16 weeks in all); Education Tribunal for Wales Regulations 2021 (WSI 2021/406) contents: regulation 10, period within which proceedings must be commenced. Checked 26 September 2026.
- legislation.gov.uk: Additional Learning Needs and Education Tribunal (Wales) Act 2018, section 6 (involving and supporting children, parents and young people), section 31 (ceasing to maintain an IDP: notice before and after, school must tell you of the right to ask the council to reconsider under section 32), section 48 (naming a maintained school: consult the governing body; the school must admit), section 70(2)(f)-(k) (appeals about the school named or none named, not revising, ceasing, a school told to cease). Checked 11 October 2026.
- gov.wales: A guide about the rights of children, their parents and young people under the ALN system (updated 23 July 2026: IDP reviewed at least every 12 months; earlier review; council decision within 12 weeks; reconsideration within 7 weeks of the request; appeal if the council refuses to change or maintain, or stops, an IDP) and ALN decision-making timescales (March 2026: promptly or within 35 school days / 12 weeks / 7 weeks; 12-month review period; exception if impractical due to circumstances beyond control). Checked 11 October 2026.
- Public Services Ombudsman for Wales: complaints page (complain to the organisation first; 0300 790 0203) and early resolution finding, Bridgend County Borough Council, 14 October 2025 (IDP review complaint). Checked 11 October 2026.