Additional Learning Needs

On 1st of September 2022, the new Additional Learning Needs and Educational Tribunal (Wales) Act 2018 came into force. 

The new Act places duties on Local Authorities in Wales to make decisions on Additional Learning Needs (ALN), prepare and maintain Individual Development Plans (IDP), and secure the additional learning provision (ALP) included in an IDP, for certain children and young people in their care. 

 There are two IDPs - Local Authority IDP or School IDP, but children in care can only have an LA IDP. The code states "Where it is brought to its attention, or otherwise appears to a Local Authority, that a child or young person for whom it is responsible for may have ALN, the Local Authority has a duty to decide".  

Once a referral for ALN has been made, the Duty to Decide panel will make the decision on ALN from the information gathered on the needs of the child, and the provisions that are already in place, and that are needed. If ALN is confirmed, an IDP notice will be sent, or if no ALN is confirmed, a no IDP notice is sent. 

 If panel requires further information, a Joint Assessment Meeting (JAM) may be held that involves all professionals and care givers involved with the child. Alternatively, a JAM may be held to determine the ALP's that may need to be included in the LA IDP. If ALN is confirmed, the allocated case worker will draft the LA IDP, which will need to be finalised within 12 weeks of the authority referral being made. 

If a child or young person is CLA and was identified as having ALN under School Action or School Action+ on the 1st of January 2022, a conversion to an LA IDP will be required. This will follow the same Duty to Decide process in terms of ALN and ALP being decided, and the caseworker will have 12 weeks to finalise the LA IDP from when the IDP notice is sent. 

All children that have Statements of Significant Educational Needs will require a conversion to an LA IDP. There are four steps that will need to be followed. 

 1) The school will arrange a conversion meeting in the place of the annual review for most cases. 

 2) The meeting should use the person-centred joint assessment approach to identify the pupil's learning outcomes and ALPs. 

 3) The school can complete an IDP on TYFU, or upload the conversion form to TYFU, making a referral into the LA and stating that they have carried out the conversion meeting.  

4) The LA will review the ALP. For CLA children, the LA will issue an IDP notice, and will finalise and issue the IDP. Once issued, the LA IDP will replace the statement.