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• 01 Nov 2024

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  1/ SEN is now ALN: Prior to the coming into force of ALNET, learning needs that called for educational training or provision additional to or different from those made generally for other learners of the same age were called ‘Special Educational Needs’ (SEN). Instead of SEN, ALNET uses the term ‘Additional Learning Needs’ (ALN). 

  2/ IDPs replace previous SEN provision such as school action, school action plus and statements of special educational needs: 

  • The SEN system in Wales was governed by the Education Act 1996, accompanying regulations and Special Educational needs Code of Practice. Under that system, children would be issued with a statutory document called a Statement of Special Educational Needs (SSEN) if their SEN were of a complexity which required the local authority (rather than their school) to determine what SEP was required and whether the school could reasonably be expected to make such provision within its own resources (SEN code of practice for Wales 8:13). A child would have a legal right to the provision in the SSEN. Those who did not meet the legal threshold to receive an SSEN would still have provision made, but statute did not give them a legal right to this. Enforcing delivery of provision for those without an SSEN was therefore more difficult. That led to disagreement about whether a child required an SSEN.
  • The ALN system introduces a general rule in Wales that every CYP with ALN is issued with a statutory document (now called and Individual Development Plan (IDP)), which gives them legally enforceable rights to provision. Their ALN does not have to meet the same minimum threshold of severity as was the case for those children who had a SSEN. As a rule, those with SEN who did not previously qualify for an SSEN will now qualify for an IDP. However, some IDPs will be produced by schools and some by local authorities. Issues therefore arise as to whether it should be a maintained school, FEI or LA that maintains the IDP. Issues also arise as to whether a CYP has ALN. More: >02.03 What is an IDP? >02.04 Do all CYP with ALN have an IDP?  >05.01 Is there a prescribed form of IDP?

  3/ Most IDPs will be made and maintained by the mainstream school or FEI the CYP attends. The LA  make an IDP for those with ALN which cannot be adequately determined by the school or requires ALP the school would not be reasonably able to determine or secure. The LA will maintain an IDP for those with ALN requiring ALP the school would not be reasonably able to secure, looked after children, those subject to detention orders, those who are attending more than one provision (Dual Registered) and those not in a mainstream school/FEI (such as those below school age not in nurseries, electively home educated  or receiving education otherwise than in school (EOTIS)). More: Chapter 03: Who is responsible for CYP’s with ALN?

  4/ Where a parent opts to electively home educate (EHE) the LA may still be under an obligation to maintain an IDP for the CYP and secure provision. Under the old system and English system there is no obligation on the LA to make provision where parents decided to EHE. More: >03.12 Who is responsible for deciding whether a child being Electively Home Educated has ALN?  >07.29 Is the LA under a duty to make ALP fit with Elective Home Education (EHE)? 

  5/ IDPs will not contain details of social care needs and provision or health needs and provision where this is not also ALN/ALP. EHCP’s in England contain sections in which social & health needs and provision are set out separately where these are not also SEP or SEN. These sections do not exist in an IDP. However, where social & health needs and provision are also ALN or ALP they will be included in an IDP under ALN or ALP. More: >07.02 Can health or social care support also be ALP?  >07.05 Are there any rules for coordinating health and social care support with ALP? >05.01 Is there a prescribed form of IDP? 

  6/ IDPs can contain ALP provision to be made by parents: Elective Home Education Guidance (2023)  see p.7. In comparison, SSEN’s and EHCP’s should not set out any provision to be made by parents. The duty however remains on the LA to secure this ALP. In this context, the LA would satisfy its obligation to secure provision by way of agreement with parents and satisfying itself that parents are making this provision. More: >02.10 Does the LA have any duties towards a child who is electively home educated (EHE)?  >09.53 Can parents insist on a hybrid arrangement between EHE and EOTIS? 

  Also, ss.51(5) & 55 ALNET appear to envisage naming an independent school in the IDP as the organisation to provide ALP specified where the cost is to be met by parents.

  7/ IDP’s will only name a particular school in exceptional cases.  These cases may include naming a school for accessibility purposes, if a CYP requires support from staff with specialist expertise or if it is unreasonable for a more local school to provide the ALP specified in the IDP (ALN Code for Wales(2021) 23.59 and 23.67). More: >09.01 Does the IDP always have to name a school/placement? >09.20 What is the duty to favour education for children at mainstream maintained schools? 

  8/ The presumption in favour of naming the maintained school requested by parents no longer applies: Under the old system, there was a general requirement that the LA name the maintained school the parents of a child with a SSEN requested unless the school was unsuitable for the child or the child’s attendance at the school would be incompatible with the efficient education of others with whom the child would be educated or the efficient use of resources: para 8 Schedule 27 Education Act 1996. There is no such provision in ALNET, however section9 of the Education Act 1996 continues to apply. This states that regard must be had that pupils should be educated in accordance with the wishes of their parents, so far as that is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure. There are different views on the extent to which this provision will continue to assist parents in having their preferred school named in the IDP. More: >09.11 Can the CYP/Parents of a child, request a particular placement?  >09.12 Is there a presumption in favour of the CYP going to the school/institution that they or their parents want them to?  >02.16 Will the operation of section 9 be the same under ALNET? 

  

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

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