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• 01 Nov 2024

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  In all cases the decision must be made promptly. Where it is considered that a CYP does not have ALN the ALN Code 2021 requires maintained schools, FEIs and LAs to provide details of the decision and reasons for the decision to the following people:

   

  • In the case of a child: the child and parents.
  • In the case of a young person: the young person.

   

  Reference: ss.11(4) ALNET for a maintained school or FEI or s.13(3) ALNET in the case of an LA

   

  For an initial decision the ALN Code 2021 requires this notification to take place within the following timescales (unless it is impractical to do so due to circumstances beyond the maintained school/FEI/LA’s control):

  • In the case of a maintained school, within 35 school days from it being brought to the attention of the maintained school that the child may have ALN: para 12.12 ALN Code 2021. 

   

  • In the case of an FEI, within 35 term time days from the date the young person consented to a decision on ALN being made: para 16.16 ALN Code 2021. 

   

  • In the case of an LA:
    • 12 weeks from when it is first brought to the attention of, or appeared to, the local authority, that a child or young person may have ALN or where the maintained school or FEI has referred the CYP to the LA under s.12(2)(a) ALNET: para 12.63(b) ALN Code 2021.
    • 7 weeks from receiving a request to reconsider the decision of the maintained school or FEI that the child does not have ALN (under s.26 ALNET): para 12.63(a) ALN Code 2021.

  However, when it is considered that a CYP has ALN a final IDP needs to be produced within the same timeframes as above. As such, a decision on ALN needs to be made much sooner than the deadlines for notification of the decision to ensure that the various steps involved in producing the IDP can also be complied with. 

  

  Nodi No-nonsense Guide Wales
  Authors: Civitas Law education team

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