When an IDP Should Move From the School to the Local Authority
A Clear Explanation of the ALN Code for Families in Wales
One of the most misunderstood areas of Wales’ ALN system is who should maintain the IDP — the school or the Local Authority (LA).
Families are often left unsure when escalation should happen, why it matters, and how the Code expects decisions to be made.
This article explains, in clear terms:
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what the ALN Act and ALN Code say
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the three legal triggers for LA involvement
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how this applies to EOTAS and Electively Home Educated (EHE) children
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why schools sometimes hesitate
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what families can do when needs exceed school capacity
This is general information about the ALN system, not legal advice.
1. What the ALN Code Says About When the LA Must Take Over
The key guidance is in ALN Code 23.63–23.67.
ALN Code 23.63
If a school is not able to secure the ALP, it must notify the LA.
ALN Code 23.64
The school must set out the reasons why an LA-maintained IDP may be needed.
ALN Code 23.65
The LA then considers whether it will take over maintenance of the IDP.
ALN Code 23.67
The LA must maintain the IDP where:
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the child’s needs are more complex,
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provision required goes beyond what a school can reasonably secure, or
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the child is EOTAS (educated otherwise than at school).
These sections form the legal basis for escalation.
2. The Three Clear Triggers for LA-Maintained IDPs
Families often find it helpful to think about three broad triggers the Code describes.
⭐ Trigger 1: Needs the School Cannot Reasonably Secure
Some needs go beyond what mainstream settings can provide.
Examples include:
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specialist therapeutic programmes (SALT, OT, Physio)
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multi-agency ALP requiring coordinated oversight
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complex medical or sensory needs
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specialist literacy/numeracy programmes
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support requiring regular review by external professionals
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ALP requiring costs or staffing beyond delegated budgets
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needs requiring outreach tutors or alternative provision
Where needs exceed the school’s capacity, the Code is clear that the LA becomes responsible for the IDP.
⭐ Trigger 2: The Child Is Unable to Attend School Because of ALN
This includes children who are:
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too anxious or dysregulated to attend
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out of school due to unmet needs
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on reduced hours
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excluded
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recovering from medical issues
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awaiting a new placement
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in a managed move that is breaking down
In these situations, the LA is responsible for securing suitable ALP and education.
This usually means the IDP becomes LA-maintained.
⭐ Trigger 3: The Child Is EOTAS (Educated Other Than at School)
For EOTAS learners:
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the IDP is always LA-maintained
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schools cannot legally maintain IDPs for EOTAS pupils
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the LA is responsible for the ALP and educational package
This is automatic and does not depend on school opinion.
3. Electively Home Educated (EHE) Children and IDPs
Where a child is EHE and has ALN, parents may request an assessment.
If an IDP is created:
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it must always be LA-maintained
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the parent delivers the educational element (as required by EHE law)
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specialist ALP (therapy, assessments, sensory plans, equipment, home adaptations) remains the responsibility of NHS or Social Care
Parents may carry out day-to-day therapy activities at home,
but programmes must still be professionally designed, reviewed and overseen.
The LA should not shift specialist NHS or Social Care responsibilities onto parents.
4. Why Escalation Can Be Difficult for Schools (Without Blaming Staff)
Families often see hesitation from schools, and this is usually due to system pressures, such as:
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uncertainty about the Code
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heavy workloads
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worry about appearing to “fail” the child
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fear of damaging LA relationships
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wanting to try all internal strategies first
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unclear internal processes
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staffing or budget constraints
These pressures are real.
But they do not change the requirements of the ALN Act or ALN Code.
5. Families Can Request That the LA Consider Taking Over
The Code allows families to ask the LA to consider whether it should maintain the IDP.
Many families find wording like this helpful:
“We would be grateful if the Local Authority could consider maintaining the IDP under ALN Code 23.63–23.67, as aspects of the ALP appear to exceed what the school can reasonably secure.”
This is polite, factual and firmly grounded in the Code.
It avoids conflict while clearly signalling that escalation should be considered.
6. Information Families Often Provide to Support Escalation
Families sometimes choose to share:
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professional reports
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evidence of unmet ALP
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attendance or anxiety patterns
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sensory/medical information
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dysregulation logs
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details of reduced timetables
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exclusion or managed-move correspondence
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child voice statements
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written examples of what is not working
This gives the LA a clearer picture when deciding who should maintain the IDP.
7. What Happens If the LA Takes Over?
When the LA maintains the IDP, it generally:
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assigns an LA ALN Officer
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gathers updated information
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consults health and social care
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reviews outcomes and ALP
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considers EOTAS or alternative provision where relevant
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coordinates multi-agency planning
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rewrites or updates the IDP
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sets the schedule for formal reviews
If the child is still on roll, the ALNCo remains involved as the school link professional.
8. If the LA Decides Not to Maintain the IDP
If the LA decides the IDP can remain school-based, families may choose to:
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request another review
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submit additional information
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ask for multi-agency involvement
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use the LA’s complaints procedure
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use disagreement resolution
The best next step varies depending on the child’s situation.
9. Summary
An IDP may need to move to the LA when:
✔ the school cannot reasonably secure the ALP
✔ the child is out of school due to ALN
✔ the child is EOTAS
✔ the child is EHE and requires ALP
The ALN Code provides a clear framework for these decisions.
Families and schools both play important parts in identifying when escalation should be considered.
Endnote
This article provides general information about the ALN system and the ALN Code in Wales.
It is not legal advice. Families may wish to seek independent specialist advice for individual cases.
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