The approach to supporting children who have difficulties with learning is changing. The Welsh Government has passed new legislation, called the Additional Learning Needs (Wales) Act 2018, and Additional Learning Needs (ALN) Code 2021, which will replace all of the existing legislation and guidance about special educational needs.

The main changes include:

• bringing together all existing systems into a new, single system for ALN

• being more learner-centred

• providing learners with the same rights and entitlements whatever their age or setting

• improving transition between settings

• provide Welsh language provision where needed

• being a fair and transparent system for all

The Welsh Government hope that these changes will mean that children and their parents and young people will:

• get the support they need earlier

• be more involved in making decisions about their lives and the support they need

• be able to find information more easily than before

• be supported if they disagree with decisions

• be able to appeal decisions to the education tribunal

The new law says that a ‘child’ means an individual under compulsory school age (16 years), while a ‘young person’ is someone aged between 16 and 25 over compulsory school age.

Children and young people who have special educational needs and disabilities will now get support for longer using one system.  Some young people may be able to get support until the age of 25.

The government wants children, their parents and young people to have more say about the support they need.

For young people 16 or over, they will be the main person making decisions, however they may still want to ask their parents to help them make decisions. They can also ask for information advice and advocacy from someone impartial.

This new system will protect the rights of all children, regardless of the extent of their additional learning needs.

What’s Changing?

From September 2021, over a three year period,  a new Additional Learning Needs (ALN) system will begin to replace the previous Special Educational Needs (SEN) system. As well as the name change, responsibilities towards children and young people with ALN is changing too.

All children with Additional Leaning Needs will have an Individual Development Plan which will replace the current SEN Statement, Individual Education Plan or Learning and Skills Plan.

Learners with any level of Additional Learning Need who require Additional Learning Provision’ (ALP) to be made for them, will be entitled to an IDP outlining their support needs.  This new system will protect the rights of all children, regardless of the extent of their additional learning needs.

The new ‘Decision Making Duty’ on Schools, Colleges and Local Authorities

When a school or college or LA  is ‘made aware’ that a child or young person may have additional learning needs [ALN], it MUST decide whether that child or young person does have additional learning needs unless: 

• an individual development plan (IDP) is already in place for the child or young person

• a decision has already been made and the school is satisfied that the child’s needs have not changed since that decision and there is no new information;

• the young person(16+) does not consent (agree) to the decision being made