Private Diagnoses and the IDP Process in Wales:
What the ALN Code REALLY Says (and How to Use Private Reports Effectively)**
Families across Wales often turn to private assessments because NHS waiting lists are long, inconsistent or inaccessible. Yet many parents are told:
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“We don’t accept private reports.”
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“Only NHS diagnoses count.”
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“CAMHS must confirm it.”
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“Private EP reports aren’t valid.”
None of these statements are correct under the ALN Act or the Additional Learning Needs Code (Wales) 2021.
This article explains — calmly, clearly, and legally — how private reports should be used in the IDP process.
1. Are Private Diagnoses Valid for IDPs?
Yes. 100% yes. They are legally valid and must be considered.
The ALN Code states:
“Identifying whether a child… has ALN requires evidence…
This evidence might come from… other services…
It might also come from the child, their parents or the young person themselves.”
(Cod ADY 20.2)
“This evidence may also include specialist services.”
(Cod ADY 20.3)
This includes private:
✔ Schools/LAs must consider private evidence.
✔ There is no legal distinction between private and NHS evidence.
2. Schools Cannot Reject Private Reports
Schools must base decisions on all evidence presented.
The ALN Code requires:
“…using the evidence available…”
(ALN Code 20.19)
and
“…seeking advice from appropriate specialist services when needed.”
(ALN Code 20.20)
This creates a legal obligation to:
✔ Consider private EP assessments
✔ Consider private ASD/ADHD reports
✔ Consider private sensory/OT/SALT reports
✔ Consider independent medical evidence
A school cannot lawfully say:
❌ “We don’t accept private reports.”
❌ “Only CAMHS can diagnose ASD.”
❌ “This doesn’t count unless NHS confirms it.”
They may disagree with parts of a report — but they must:
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record the evidence, and
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provide justification if they take a different view.
They cannot ignore it.
3. Local Authorities Cannot Ignore Private Reports Either
Local Authorities must consider:
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all relevant evidence (20.2, 20.3)
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all parental evidence (20.2)
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all specialist evidence (20.3, 20.20)
If the LA feels more assessment is required, they must seek it, not dismiss what exists.
This may include:
But private evidence still forms part of the legal evidence base.
4. What If a Private Diagnosis Conflicts with NHS Opinion?
Contradictions happen.
Private ASD: NHS says “not ASD”.
NHS says “anxiety”: private EP identifies ASD/ADHD traits.
One SALT says “no need”: private SALT says “significant delay”.
The ALN Code expects:
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consideration of all evidence (20.19)
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seeking clarification from appropriate specialists (20.20)
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decisions based on functional need, not labels
✔ The IDP is based on need, not diagnosis.
Even if professionals disagree, functional needs remain:
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communication
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social communication
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learning barriers
The IDP must reflect what the child needs, regardless of diagnostic debate.
5. How Private Reports Influence the IDP
Private assessments are often more detailed than school or NHS reports.
They improve:
A. Needs Section
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executive function
B. Outcomes
Private reports help create SMART outcomes:
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Specific
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Measurable
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Achievable
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Realistic
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Timely
C. ALP (Additional Learning Provision)
Often provides concrete, quantifiable recommendations:
✔ “3× weekly 40-minute specialist literacy sessions”
✔ “Daily sensory diet delivered 3× day”
✔ “Visual timetable used consistently”
✔ “AAC device used for all transitions”
✔ “Seating and postural plan to be followed”
D. Placement Decisions
Private reports can show:
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inability to regulate in mainstream
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severe attendance barriers
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medical needs
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trauma impact
This evidence supports decisions about:
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LA-maintained IDPs
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specialist placement
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adjustments in school
6. How to Submit a Private Report (Parent Script)
ENGLISH:
“I would like this private assessment to be recorded as evidence under ALN Code 20.2 and 20.3.
Please confirm in writing that it will be considered in the IDP review.”
CYMRAEG:
“Hoffwn i’r asesiad preifat hwn gael ei gofnodi fel tystiolaeth o dan God ADY 20.2 a 20.3.
A allech gadarnhau yn ysgrifenedig y bydd yn cael ei ystyried yn yr adolygiad CTP?”
If they resist:
“The ALN Code requires decisions to consider all relevant evidence (20.19).
Can you put your position in writing?”
Very few will do so — because they know they can’t legally refuse it.
7. Myths vs Truths
❌ “We only accept NHS diagnoses.”
✔ The Code requires all relevant evidence (20.2, 20.3, 20.19).
❌ “Private EP reports aren’t valid.”
✔ EP advice is specialist advice (20.20) → must be considered.
❌ “We need CAMHS to agree first.”
✔ CAMHS is not the decision-maker for IDPs (schools/LAs are).
❌ “We’ll wait for NHS assessment first.”
✔ The IDP must reflect current needs, not planned future assessments.
8. When Private Reports Trigger an LA-Maintained IDP
Sometimes private assessments reveal needs that schools cannot reasonably meet.
Examples:
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complex sensory needs
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trauma
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physical disability requiring equipment
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significant dyslexia requiring specialist ALP
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multi-agency involvement
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chronic illness impacting stamina
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substantial mental health needs
The relevant Code section is:
✔ ALN Code 23.67
If the ALP required cannot be delivered in full at any maintained school, the LA must take over responsibility.
This is the legally correct citation.
9. When a Private Report Justifies an Early Review
Parents may request a review at any time.
The correct citation is:
✔ ALN Code 25.21
Parents can request a review, and the school/LA must conduct it unless unnecessary.
Parent script:
“I request an early review of the IDP under ALN Code 25.21 due to new evidence.”
10. Summary: What Private Reports Mean for the IDP
✔ They are legally valid
✔ They must be considered
✔ Schools cannot reject them
✔ LAs cannot ignore them
✔ They influence needs, outcomes, ALP and placement
✔ They help clarify complex profiles
✔ They often support LA-maintained IDPs
✔ They strengthen requests for EOTAS when appropriate
✔ They help ensure the child’s real needs are captured
Private assessments do not replace NHS involvement — they complement it and give a fuller picture of the child.
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It is not legal advice. For individual cases, families may wish to seek independent specialist advice if needed.
