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• 01 Nov 2024

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  Case law from the ongoing English and old Welsh (SEN) systems may in some instances continue to provide useful guidance to the new framework under ALNET. This glossary therefore provides definitions of the new Welsh terminology, old Welsh terminology and English terminology.

   

  • ALNET: Additional Learning Needs and Education Tribunal (Wales) Act 2018, the principal piece of legislation governing ALN/SEN law in Wales.

   

  • Academy: A type of independent school (i.e. not a school maintained by an LA) which has been set up in England in accordance with the Academies Act 2010 (i.e. through a Funding Agreement between the school and the Secretary of State for Education in England) and which is therefore state funded. Other independent schools are referred to here as “private schools”.

   

  • Additional Learning Needs (ALN): A learning difficulty or disability which calls for additional learning provision in Wales: s.2 ALNET. It is substantially similar to the term ‘SEN’ used in England, although there are slight differences in the statutory wording.

   

  • ALN Code 2021: Additional Learning Needs Code for Wales. More: >01.05 What is the ALN Code 2021? 

   

  • ALN Regs 2021: The Additional Learning Needs (Wales Regulations) 2021.

   

  • Additional Learning Provision (ALP): Educational or training provision that is additional to, or different from, that made generally for others of the same age in nursery education, mainstream schools in Wales or mainstream institutions in the further education sector in Wales. ALP for a child aged under 3 means educational provision of any kind: ALNET s.3.

   

  • Annual review: The process of yearly review of a statutory plan. IDPs must be reviewed at least annually.

   

  • Authorities: The collective term for previous decisions made by the courts and tribunals (in the form of decisions and judgments) which set out law on a particular point (case law). These can be relied upon to show that a particular decision should be taken in a certain way. Where we mention an authority as being the reference for a particular legal proposition, the text includes a hyperlink to an on-line copy of its text.

   

  • Case law : See ‘The Law’ in the introduction.

   

  • Child: A person who is not over compulsory school age: s.99 (1) ALNET.

   

  • Compulsory School Age: Begins on 31st March/August/December after a child turns 5 (s.8(1) EA 1996 and para 2 Education (Start of Compulsory School Age) order 1998/1607) and ends on the last Friday in June in the academic year a person turns 16 (s.8(3) EA 1996 & Education (School Leaving Date) Order 1997/1970).

   

  • CYP : Child or young person up to the age of 25: s.99 (1) ALNET.

   

  • DECLO: Designated Education Clinical Lead Officer. Each local health board in Wales must designate an officer to have responsibility for co-ordinating the health board’s functions in relation to children and young people with ALN: s.61 ALNET.

   

  • Disability: The Protected characteristic of disability in EqA2010 s6 (England,Scotland and Wales) and in Disability Discrimination Act 1995 s1 (Northern Island only).

   

  • EBD: Emotional and behavioural difficulties/disabilities.

   

  • Education Tribunal Wales (ETW): The independent court-like body to which parents (in relation to a child) or a young person (on their own account) can appeal in relation to ALN decisions and IDP’s. An initial appeal will be made to the First-Tier Tribunal with an option to appeal to the Upper Tribunal on a point of law. English cases would be decided by the Tribunal in England often referred to as “SENDIST” or “SENT” or Special Educational Needs and Disability Tribunal. 

   

  • EHCP(s) Education Health and Care Plan: The statutory document issued in England.

   

  • EHE: Elective Home Education. Where parents choose to be responsible for providing education to their child other than by placing them in a state funded or private school.

   

  • EOTIS: Education otherwise than in school, provided by the Local Authority under s.53 ALNET. Education otherwise than in a school (EOTIS) is also often referred to as “education otherwise than at school” (EOTAS). There is a school of thought that the correct term is “EOTIS” as this properly reflects the statutory wording. That being said “EOTAS” is the abbreviation used in the ALN Code 2021. Nodi uses the term EOTIS, but does not seek to argue that one term should be preferred over the other.

   

  • EdTRegs2021: The Education Tribunal for Wales regulations 2021

   

  • EWM2009: Education (Wales) Measure 2009 provides additional rules for bringing SEN appeals and Disability discrimination claims in Wales Further Education Institution (FEI) means an institution falling within section 91(3) of the Further and Higher Education Act 1992: s 99(2) ALNET. 

   

  • HCP: English SEN law term meaning health care provision, which is “the provision of healthcare health care services as part of the comprehensive health service in England continued under section 1(1) of the National Health Service Act 2006”: CFA2014 s21(3)

   

  • ICB: Integrated Care Board. These are the local NHS bodies generally responsible for providing health care provision in their area in England under s.14Z25 of the National Health Service Act 2006. Until July 2022, the equivalent bodies were CCGs.

   

  • Independent living skills: This includes finding employment, obtaining accommodation and participation in society, and will include basic living skills such as (for example) dressing, washing, food preparation etc.

   

  • Independent school: Means (by virtue of EA1996 s463) a school which is not maintained by the LA

   

  • LA Local Authority: Means the council of a county or county borough in Wales, except where specific reference is made to a local authority in England: s 99(2) ALNET

   

  • Local Health Board: means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006

   

  • Looked after child: a child who is not detained, not over compulsory school age and is looked after by a local authority for the purposes of Social Services and Well- being (Wales) Act 2014: Part 6 (in particular section 74).

   

  • Maintained: in general terms is an educational institution which is funded by, and operates under the oversight of, an LA. More legalistically: (a) a community, foundation or voluntary school, or (b) a community or foundation special school not established in a hospital, a maintained nursery school or a pupil referral Unit: s.99(2) ALNET. 

   

  • Mainstream maintained school: Means a maintained school that is not a special school or pupil referral unit: s.99(2) ALNET.

   

  • MLD: Moderate learning difficulties 

   

  • Nodi: Welsh term meaning to note, mark, appoint, identify and map out.

   

  • Paramountcy principle: The principle that the child’s welfare shall be the Court’s paramount consideration, see Children Act 1989 s1(1).

   

  • Peer group: The other children who a CYP interacts with including in class.

   

  • Personal budget: English SEN law term referencing the amount an LA has identified as available to secure particular provision which is specified with a view to the child’s parent, or the YP being involved in securing the provision. See CFA2014 s49 and The Special Educational Needs (Personal Budgets) Regulations 2014.

   

  • Placement: This It is not a term used in the ALN legislation but is often the used to describe the school or institution named in section 2D.1 or 2D.2 of an IDP in Wales or an institution named in Section I of an EHC Plan in England.

   

  • Private school: A school that charges fees. Often referred to as an “independent school”. The legal definition of independent school in England includes Academy schools.

   

  • Public sector equality duty (sometimes: PSED): The legal duty placed on all public authorities to consider the need to avoid discrimination and promote equality in the discharge of their public functions, as defined in Equality Act 2010 s149.

   

  • Regs2014: Special Educational Needs Regulations 2014 for England.

   

  • SEN: Special Educational Needs. A definition used in England. A CYP is said to have SEN if they have a learning difficulty or disability which calls for SEP to be made for them: CFA2014 s20. More: Noddy Guide (England) 07.01 Are there particular rules about whether a child or YP has special educational needs?
     
  • SEP: English SEN law term meaning Special Educational Provision. SEP is educational or training provision that is additional to, or different from, that generally made for others of the same age in mainstream provision: CFA2014 s21. More: Noddy Guide (England) 08.02 Is there a rule specifying what counts as SEP?

   

  • SCP: English SEN law term meaning Social Care Provision, which is “provision made by a local authority in the exercise of its social services functions”: CFA2014 s21(4); such provision is sometimes called “social care” or “community care”.

   

  • Section 41: School CFA2014 s41 allows independent special schools and special post-16 institutions in England to apply to be approved (and then to be approved) as schools which can be the focus of a parental or young person’s request for a particular placement in circumstances where there is then a qualified presumption in favour of that request.

   

  • Special school Means (by EA1996 s337): A school which is specially organised to make ALP for pupils with ALN that is maintained by the LA. In England such a school needs to be an Academy [special] school or a non-maintained special school.
    SEMH Social, Emotional and Mental Health
     
  • SSEN: means Statement of Special Educational Needs: This was the document setting out a CYP’s Special Educational Needs and the Educational Provision to be made under the old framework that operated in Wales under the EA 1996.

   

  • SENTW Regs 2012: The Special Educational Needs Tribunal for Wales Regulations 2012. These apply only to appeals for cases still covered under the old SEN system in Wales. This is currently being replaced by a new system under ALNET.

   

  • UT (also Upper Tribunal): The court-like body to which a person can appeal to if they believe the First-Tier tribunal has made an error of law. The principles in its decisions are binding on the First-Tier Tribunal.

   

  • UNCRC: United Nations Convention on the Rights of the Child

   

  • UNCRPD: United Nations Convention on the Rights of Persons with Disabilities and
    its optional protocol.

   

  • Young person: A person who is over compulsory school age but under 25: s.99 (1) ALNET

  

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

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