Showing posts with label SEN. Show all posts
Showing posts with label SEN. Show all posts

IDP Series: How to Request an IDP in Wales

 

How to Request an IDP in Wales 



Part of the Learn Without Limits CIC IDP Series

Under the Additional Learning Needs and Education Tribunal (Wales) Act 2018, every child or young person with Additional Learning Needs (ALN) is entitled to an Individual Development Plan (IDP).

But parents often tell us they feel confused about when to request an IDP, how to do it, and which support level they should be asking for. Schools sometimes talk about “universal provision”, “IEPs” or “IHPs”, and it isn’t always obvious how these fit into the ALN system.

This guide sets out the legal position clearly — including the critical point that support must be based on educational needs, NOT diagnosis — and includes a legally correct IDP request letter for both schools and local authorities.


1. Support Is Based on Needs, Not Diagnosis (The Law Is Unambiguous)

Schools sometimes tell parents:

  • “We can’t give support without a diagnosis.”

  • “We are waiting for CAMHS/paediatrics before we can open an IDP.”

  • “We don’t have evidence until you get a report.”

This is unlawful.

Exact Legal Quotation:

The ALN Code for Wales 2021 states:

“A person has ALN if he or she has a learning difficulty or disability arising from a barrier to learning or participation, regardless of whether a diagnosis has been made.”
ALN Code for Wales 2021, Paragraph 2.4

This is one of the most important legal protections parents have.

What this means in practice

  • A diagnosis is not required for support.

  • Waiting lists cannot be used as a reason to delay an IDP.

  • Schools must base decisions on needs observed in the classroom, transitions, regulation, communication, sensory access, or learning progress.

  • Parents’ evidence carries full legal weight.

ALN is triggered by educational need — not paperwork.


2. Universal Provision, IEPs, IHPs — What’s What?

Universal Provision

Support that every school must provide from their own resources, including:

  • Differentiated teaching

  • Reasonable adjustments (Equality Act 2010)

  • Sensory/communication strategies

  • EBSA support

  • Behaviour/regulation approaches

  • Short-term intervention groups

Universal Provision is not ALN. If needs persist despite it — or if the needs are significant at the outset — the child is likely to require an IDP.


IEP – Individual Education Plan

Not a statutory document under the ALN Act.
Schools may use them internally, but they cannot replace an IDP.


IHP – Individual Healthcare Plan

For medical needs only.
Not educational.
An IHP cannot substitute for an IDP when the child also has learning, sensory, communication, or regulation difficulties.


3. Home–School Communication Book: A Critical Piece of Evidence

A daily or weekly communication book is one of the most effective ways to gather evidence for ALN decision-making. It is particularly important when:

  • Behaviour differs between home and school

  • A child masks at school

  • Regulation challenges emerge after school

  • Fatigue, meltdowns, or shutdowns occur later in the day

  • Homework, sleep, eating, or anxiety deteriorate after school

A communication book helps identify patterns, triggers, and unseen needs.

Use the book to record:

  • Dysregulation after school

  • Emotional crashes

  • Behaviour linked to transitions

  • Sleep and eating patterns

  • Recovery time needed

  • Episodes pointing to sensory overload or masking

Schools must consider all evidence, including that provided by parents. The ALN Code explicitly states that a child's needs must be understood across environments, not just in the classroom.

Below is the link to our article on masking. 

https://learnwithoutlimitscic.blogspot.com/2025/11/why-so-many-disabled-children-mask-at.html


4. Who Can Request an IDP?

Under Section 21 of the ALN Act, an IDP request can be made by:

  • A parent

  • A young person (over 16)

  • A school

  • A local authority

  • A health body (e.g., speech therapy, CAMHS, paediatrics)

The request must be considered within statutory timeframes.


5. When to Apply to the School vs the Local Authority

A. If the child is ON ROLL at a school

➡️ Your request must go to the school first.

The school ALNCo decides whether the child has ALN and whether an IDP is required.

If the school refuses or delays, parents then apply to the local authority.


B. You can apply DIRECTLY to the Local Authority when:

1. The child is Electively Home Educated (EHE)

LA is responsible for ALN decisions.

2. The child is not currently on roll

For example:

  • Placement breakdown

  • Deregistered

  • Permanently excluded

  • Transition between settings

3. The learner is in FE college

LAs handle IDPs for post-16 learners.

4. The school has refused, delayed, or stated they cannot meet need

Parents may go directly to the LA for a statutory decision.


6. What to Include in an IDP Request

You do not need a diagnosis.
You do not need professional reports.
You do not need proof beyond doubt.

Under the Act, you only need to demonstrate that your child may have ALN.

Include:

  • Examples of difficulties

  • Universal Provision attempted

  • Home evidence (communication book, dysregulation patterns, masking)

  • Any reports you have (optional)


7. IDP Request Templates

📄 TEMPLATE 1 — Request to SCHOOL

Subject: Request for ALN Consideration and IDP (Section 21, ALN Act 2018)

Dear [Headteacher/ALNCo],

I am making a formal request under Section 21 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 for my child, [Name, DOB, Year], to be considered for an Individual Development Plan (IDP).

Under the ALN Code, identification of ALN is based on educational needs, not diagnosis. The Code states:

“A person has ALN… regardless of whether a diagnosis has been made.”
— ALN Code for Wales 2021, para 2.4

My reasons for believing my child has ALN include:

  • [Insert needs/difficulties]

  • [Impact on learning, well-being, regulation, sensory access, behaviour]

  • [Universal Provision already attempted]

  • [Patterns recorded via home–school communication book]

Please confirm:

  1. When the ALN consideration process will begin

  2. The statutory decision date

  3. The date of the next meeting

Kind regards,
[Your Name]


📄 TEMPLATE 2 — Request to LOCAL AUTHORITY

Subject: Request for ALN Consideration and IDP (Section 21, ALN Act 2018)

Dear [LA ALN Team],

I am requesting that the LA consider whether my child, [Name, DOB], has Additional Learning Needs and requires an IDP.

I am applying directly to the LA because:

☐ My child is Electively Home Educated (EHE)
☐ My child is not on roll
☐ My child is in FE
☐ The school has refused or is unable to meet need
☐ Other reason: _________

As the ALN Code states:

“A person has ALN… regardless of whether a diagnosis has been made.”
— ALN Code for Wales 2021, para 2.4

My request is based on observed educational needs, including:

  • [Insert details]

  • [Home evidence / communication book patterns]

  • [Impact on learning, regulation, participation]

Please confirm the initiation date and statutory timeframe.

Kind regards,
[Your Name]

___________________________________________________________________________________

When to Request an IDP (Including Statutory Timescales)

SituationRequest ToLegal BasisStatutory Timescale
Child on roll at a mainstream or special schoolSchoolALN Act s.2135 school days for the school to decide whether the child has ALN and whether an IDP is required.
Electively Home Educated (EHE)Local AuthorityALN Code Ch.1012 weeks (LA must reach a decision on ALN and produce an IDP if needed).
Child has no school place (excluded, deregistered, between settings)Local AuthorityALN Act12 weeks for an ALN decision and IDP completion.
Learner in Further Education (16–25)Local AuthorityALN Act & Code12 weeks for ALN decision and IDP production.
School refuses or delays and parent escalatesLocal AuthorityALN Code Ch.12LA must respond “without delay” and complete the ALN decision and IDP within 12 weeks.
Needs clearly beyond school resources (e.g., specialist placement needed)Local AuthorityALN Code12 weeks, unless an exception under the Code applies (rare).

Notes for Accuracy 

  • 35 school days applies only to school-led IDP consideration.

  • 12 weeks applies to all LA-led cases (EHE, FE, no placement, escalations, complex needs).

  • Holidays pause the 35-day school clock but do not pause the 12-week LA clock unless a statutory exception is met.

  • The LA must act “without delay” when taking over from a school (Code 12.25).

Common Terminology & the Law in Wales (2025 Edition)

 

Common Terminology & the Law in Wales (2025 Edition)



Learn Without Limits CIC

This guide explains some of the most frequently used terms and legal concepts that ALN families in Wales may encounter. It has been updated to reflect the latest Welsh Government legislation, especially the Additional Learning Needs and Education Tribunal (Wales) Act 2018 and the ALN Code for Wales 2021.


ALN – Additional Learning Needs

This is now the legal term in Wales (replacing SEN). Any child or young person with a significantly greater difficulty in learning than their peers or a disability that prevents or hinders access to education may have ALN. The ALN system has fully replaced the SEN framework in most settings under the phased rollout between 2021–2025.

ALNCO: The new title for what was once SENCO — the Additional Learning Needs Coordinator in schools and colleges.


The ALN Code for Wales 2021

The ALN Code sets out how Local Authorities, schools, colleges and health boards must support children and young people with ALN. It includes:

  • The right to a person-centred Individual Development Plan (IDP) for eligible learners aged 0–25

  • Clear duties for schools and local authorities to identify and meet ALN

  • A strong focus on inclusion, wellbeing and early intervention

Welsh Government ALN Code 2021 (PDF)


EHE – Elective Home Education

This is when a parent chooses to take full responsibility for a child’s education. EHE is legal in Wales and does not require approval to deregister from a mainstream school.

However, if your child attends a special school, you must have permission from the Local Authority (LA) to deregister and begin EHE. If you are unsure whether your child’s current setting is classified as mainstream or special, we recommend checking directly with Estyn.

There is no funding or automatic support for EHE. Parents do not need to follow the national curriculum, but they must provide a suitable education.

We keep a list of local support groups and EHE networks in our Facebook group to help families make connections.


EOTAS – Education Otherwise Than At School

This is provision arranged by a local authority for a child or young person who cannot attend school. It includes:

EOTAS must meet a child’s identified ALN where applicable and is subject to monitoring and review. It is a legal entitlement, not a favour.


“Forced” Home Educators

An increasing number of families are choosing EHE not out of preference, but because of unmet needs, bullying, anxiety, trauma, or unlawful exclusion. These are not truly elective cases — families often feel pushed out of the system.

These learners may be eligible for EOTAS or support under the ALN Act but are often left without formal provision. Learn Without Limits supports families to explore their rights and reclaim their options.


Flexi-Schooling

This is where a child attends school part-time and is home educated the rest of the week. It is entirely at the discretion of the Headteacher. The child remains on the school roll. There is no legal right to flexi-school in Wales, but it can be agreed as part of an IDP.


Medical Needs and Education

The Welsh Government guidance Access to Education and Support for Children and Young People with Medical Needs sets out the responsibilities of local authorities to provide education when a child is unable to attend due to physical or mental health.

This includes:

  • Education at home

  • Outreach support

  • Hospital teaching

Access to Education Guidance (PDF)


Legal Framework

ALNET Act 2018: Establishes the ALN system, IDPs and rights of appeal to the Education Tribunal for Wales.

Social Services and Well-being (Wales) Act 2014: Introduced person-centred approaches and changed the statutory definition from “welfare” to “well-being”. This applies to disabled children and their families across education, health and social care.

Equality Act 2010: Requires reasonable adjustments for disabled learners in education.

Estyn: The Welsh education and training inspectorate, responsible for inspecting schools, PRUs and LA provision.


Common Acronyms

Acronym Meaning
ADHD Attention Deficit Hyperactivity Disorder
ALN Additional Learning Needs
ALNCO Additional Learning Needs Coordinator
ASD Autistic Spectrum Disorder
AOT Advisory Outreach Teacher
AT Assistive Technology
CAMHS Child and Adolescent Mental Health Services
CP Child Protection
DCD Developmental Coordination Disorder
EBSA Emotionally Based School Avoidance
EHCP Education, Health and Care Plan (used in England)
EHE Elective Home Education
EP Educational Psychologist
EOTAS Education Otherwise Than At School
Estyn Welsh education inspectorate
HI Hearing Impairment
IDP Individual Development Plan
LA Local Authority
LD Learning Difficulties
MLD Moderate Learning Difficulties
SLD Severe Learning Difficulties
PMLD Profound and Multiple Learning Difficulties
MND Motor Neurone Disease
MS Multiple Sclerosis
MSI Multi-sensory Impairment
MH Mental Health
NAS National Autistic Society
NVQ National Vocational Qualification
OT Occupational Therapy or Therapist
PRU Pupil Referral Unit
RG Regional Gateway (for post-16 EOTAS coordination)
SEBD Social, Emotional and Behavioural Difficulties
SEN Special Educational Needs (now replaced by ALN in Wales)
SEWB Social and Emotional Well-being
SLT Speech and Language Therapy / Therapist
SpLD Specific Learning Difficulties (e.g. dyslexia, dyspraxia)
STF Specialist Teaching Facility
TA Teaching Assistant
VI Visual Impairment

Stay Connected

💬 Join our Facebook group
facebook.com/groups/learnwithoutlimitscic

📱 Use the Learn Without Limits Parent App
Guidance, request letter templates and tools to track your child's needs are available in our free mobile app.

🌐 Website
learnwithoutlimitscic.org

This guide will be reviewed and updated regularly as new policies and legislation emerge.