The Additional Learning Needs Education and Tribunal Act Wales (ALNET) legislation was introduced in January 2022 and is designed to put the child / young person at the heart of the process. Taking into account their views and thoughts.

The legislation has meant a change of the whole system and as a result there are new timelines, which need to be adhered to.

School decision

College / full time education decision

Swansea Council ALN decision

School decision

Child / young person does NOT have an Additional Learning Need

Notified within 35 school days from the date the concern was raised with the school. If this is not possible because further information is required, parents / carers need to be advised this is the case. It might be helpful to offer an opportunity to the child and their parent to discuss further. The notification should also outline what action the school will undertake in light of its consideration to ensure the child's needs (which are not ALN) are met. This might include differentiated classroom teaching strategies.

Child / young person DOES have an Additional Learning Need so an IDP is required

Notified within 35 school days from the date the concern was raised with the school. If this is not possible because further information is required, parents / carers need to be advised this is the case. The ALP, or particular types of ALP might be identified early in the process and some time before the IDP is complete. Where this is the case, the school should, if it is reasonable to do so, begin to secure any ALP that has been identified at the earliest opportunity, whilst it is completing preparation of the IDP.

School unable to maintain the IDP so are referring it onto the ALN department for consideration

If there are grounds for a referral to the ALN department, schools must action this within 20 school days (if not earlier). Occasionally, the grounds for a referral may only emerge later in the process of deciding whether the child or young person has ALN and preparing an IDP. For example, it might only be when some advice is received from a specialist service and the school realises that the nature of the child or young person's ALN is more extensive that it had thought, or the ALP may not be reasonable for it to secure. School may still refer the matter to the council, it should act promptly to minimise the delay to an IDP being put in place.

College / full time education decision

Young person does NOT have an Additional Learning Need

Notify the young person within 35 term time days from the date the concern was raised with the college / FEI. If this is not possible because further information is required, the young person needs to be advised this is the case and parent / carer (if the young person consents to sharing of information). Offer an opportunity to the young person for further discussion. The notification should also outline what action the college / FEI will undertake in light of its consideration to ensure the young person's needs (which are not ALN) are met. This might include differentiated classroom teaching strategies.

Young person DOES have an Additional Learning Need

Notified within 35 term time days from the date the concern was raised with the college / FEI. If this is not possible because further information is required, the young person needs to be advised this is the case and parent / carer (if the young person consents to sharing of information). The ALP, or particular types of ALP might be identified earlier in the process and some time before the IDP is complete. Where this is the case, college / FEI should, if it is reasonable to do so, begin to secure any ALP that has been identified at the earliest opportunity, whilst it is completing preparation of the IDP.

College / FEI refer IDP to the ALN department to maintain

If there are grounds for a referral to the ALN department, the college / FEI must action this within 20 term time days (if not earlier). Occasionally, the grounds for a referral may only emerge later in the process of deciding whether the young person has ALN and preparing an IDP. For example, it might only be when some advice is received from a specialist service and the FEI realises that the nature of the young person's ALN is more extensive than it had thought, or the ALP may not be reasonable for it to secure. The college / FEI may still refer the matter to the council, it should act promptly to minimise the delay to an IDP being put in place.

Swansea Council ALN decisions

Child / young person does NOT have Additional Learning Needs

Notified within 12 weeks from the application being received. If this is not possible because further information is required, the young person and parent / carer need to be advised if this is the case. Offer an opportunity to the young person, parent / carer for further discussion. The notification should also outline what action the local authority or school will undertake in light of its consideration to ensure the young person's needs (which are not ALN) are met. This might include differentiated classroom teaching strategies.

Child / young person DOES have Additional Learning Needs so requires an Individual Development Plan (IDP)

Decision made and an IDP prepared and shared within 12 weeks from the original application being received. If this is not possible because further information is required, the young person, parent / carer need to be advised this is the case. The ALP, or particular types of ALP might be identified earlier in the process and some time before the IDP is complete. Where this is the case, the local authority and school should, if it is reasonable to do so, begin to secure any ALP that has been identified at the earliest opportunity, whilst it is completing preparation of the IDP.

Reconsideration of school's decision on ALN

Must give a copy of the IDP (if required) within 7 weeks of the application being received. If this is not possible because further information is required, the young person, parent / carer need to be advised this is the case. The ALP, or particular types of ALP, might be identified earlier in the process and some time before the IDP is complete. Where this is the case, the local authority and school should, if it is reasonable to do so, begin to secure any ALP that has been identified at the earliest opportunity, whilst it is completing preparation of the IDP.