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Nodi No-nonsense Guide to ALN law in Wales sets out our understanding of the legal framework in Wales relating to the education of those with additional learning needs (ALN). This new legal framework is replacing the former Special Educational Needs (SEN) legal framework. This framework will apply to most children and young people being educated in or living in Wales.

Introduction

The Guide is written by Cathrine Grubb, Owain Rhys James, Alys Williams, Isabelle Knight and Crash Wigley, ( Civitas Law barristers’ chambers, Education Law team) with special thanks to David Wolfe KC (Matrix) and Leon Glenister (Landmark), who produce the Noddy No-nonsense Guide to SEN law (in England) for their guidance and editorial input. We are also grateful to Rachel Amos (Support SEND KIDS), Cath Keegan-Smith & James Rendall (Cardiff Council), Chris McFarland (Sinclairslaw) and the team at SNAP Cymru and the Children’s Legal Centre Wales, who have provided valuable feedback and insight from their varying perspectives and considerable experience of the ALN system. 

The Guide aims to bring together the relevant legal provisions, codes of practice, Government guidance and case law. To make it more accessible for those without a legal/judicial background, we have where appropriate opted for plain English over the exact statutory wording. Therefore it is important to remember that this Guide is not intended to be a complete substitute for direct consideration of the legal materials or relevant statutory code.

The new legal framework that makes provision for those with additional learning needs is being phased in throughout Wales under the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (ALNET). The current target is for all learners to be moved to the new framework by August 2025. 

The Civitas Education Law team is composed of highly skilled and experienced lawyers who offer comprehensive legal services covering all areas of Education Law. Their diverse expertise ensures they can handle cases at all levels, from local disputes to high-profile judicial reviews and appellate work. Each member brings a unique skill set that strengthens the team as a whole, creating a cohesive unit capable of delivering exceptional results for their clients.

Using the Guide 

The new Welsh framework uses terminology different from that used previously in Wales and still used in England. It refers to “additional learning needs” (ALN) and corresponding “additional learning provision” (ALP). Whereas the old Welsh system and current English system refer to “special educational needs” (SEN) and “special educational provision” (SEP), as does the current English regime. The use of this new terminology can alert you as to whether it is the ALN framework or English or old Welsh law that is being considered. 

Nodi Glossary provides definitions of some English terminology to help you navigate the different meanings.

For the law as it relates to children and young people being educated in England please see the Noddy No-nonsense Guide to SEN law. 

Additional Learning Needs System: Introduction 

The passage of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (ALNET) brought about significant reform of the law applying to children and young people with additional learning needs (previously called special educational needs). The new system has been introduced on a phased approach from September 2021 and now applies to the majority of cohorts, with the current target to have all learners moved onto the new framework by August 2025. 

There are important differences between the new ALN system and the SEN system that preceded it in Wales. The Welsh Government at the time described ALNET as a “complete overhaul” of the system, and that the SEN system was based on a model “widely recognised as being no longer fit for purpose”. Readers should be conscious that this is an area of law where there is now substantial legislative divergence between Wales and England. 

Some of the most important features of the ALN regime are: 

• The legal framework uses the following terminology: additional learning needs (ALN), rather than: special educational needs (SEN). 
• ALNET introduced the individual development plan (IDP). A statutory document issued to children and young people with ALN which gives them legally enforceable rights to provision. 
• Other than exceptional cases, all CYPs with ALN will have an IDP. 
• IDPs replace previous SEN provision such as: school action, school action plus, statements of special educational needs. 
• Most IDPs will be made and maintained by mainstream schools and further education institutions. The LA will maintain IDP’s only for those with greater ALN, looked after children, those subject to detention orders and those not in a mainstream school or further education institution. 
• It remains open to parents to provide elective home education (EHE) or to meet their CYP’s needs through the private sector. 
• Where a parent opts to electively home educate, the LA may still be under an obligation to maintain an IDP for the CYP and secure provision. IDPs can include provision to be made by parents. 
• IDPs will not contain details of social care needs and provision or health needs and provision unless these are also additional learning needs, or additional learning provision. 
• IDPs will only name a particular school if certain tests are met. 

Read more: 01.02 What are the main differences between the framework under ALNET and the previous framework in Wales?

The law relevant to Wales: 

• ALNET Additional Learning Needs and Education Tribunal (Wales) Act 2018 principal piece of legislation which now governs ALN/SEN law. 
• ALN Regs 2021 Additional Learning Needs (Wales) Regulations 2021 
• ALN Code 2021 Additional Learning Needs Code for Wales. More: 01.05 What is the ALN Code 2021 
• Curriculum and Assessment (Wales) Act 2021: established the Curriculum for Wales in law and replaced the basic curriculum 
• EA 1996 Education Act 1996 – the legislation governed ALN/SEN in England and Wales before the system in England changed under the Children and Families Act 2014. Most aspects are now covered by ALNET in Wales and CFA 2014 in England. Some parts of the EA 1996 still apply in Wales, and we may refer to cases decided under EA1996 where these may still provide useful guidance under the new law. 
• EA 2002 The Education Act 2002 
• EHE Guidance 2023 – Elective Home Education Guidance is statutory guidance to which LAs must have regard when exercising their functions under s436A EA1996. 
• EqA 2010 Equality Act 2010 
• EdTW Regs 2021 Education Tribunal for Wales regulations 2021 
• EWM 2009 Education (Wales) Measure 2009 provides additional rules for bringing SEN appeals and Disability discrimination claims. 
• LTM 2008 – Learner Travel (Wales) Measure 2008 sets out the legal framework specifically related to travel and transport provisions for learners travelling from home to school in Wales. 
• LTSPOG 2014 – Learner Travel Statutory Provision and Operational Guidance 2014 
• NHSA 2006 National Health Services Act 2006 
• MCA Mental Capacity Act 2005 
• RCYP 2011 Rights of Children and Young Persons (Wales) Measure 2011. More: 01.09 What is the RCYP 2011? 
• SEN Regs 2014 Special Educational Needs Regulations 2014 
• SENTW Regs 2012 Special Educational Needs Tribunal for Wales regulations 2012 
• Tribunal Procedure/Upper Tribunal: Tribunal Procedure (Upper Tribunal) Rules 2008 
• UNCRC United Nations Convention on the Rights of the Child 
• UNCRPD United Nations Convention on the Rights of Persons with Disabilities and its protocol. 
• WBFG 2015 Well-being of Future Generations (Wales) Act 2015. 

Read more: 01.04 Why does the Nodi Guide refer to the Education Act 1996 and Children and Families Act 2014 and cases decided under those Acts, when Wales has moved from an SEN system to an ALN system? 

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