ALN Appeal Wales: How to Appeal a Local Authority Decision

When a Welsh school or local authority makes a decision about your child's Additional Learning Needs — and you believe they've got it wrong — you have the right to challenge that decision through a formal appeal to the Education Tribunal for Wales (ETW). This is a real judicial process, not a rubber stamp, and parents who prepare properly do overturn local authority decisions.

Here is what you need to know about the appeal process from start to finish.

What You Can and Cannot Appeal

The ETW has jurisdiction over specific decisions made by local authorities (LAs). You cannot appeal a school's decision directly — you must first go through the LA reconsideration route (more on that below).

The statutory grounds for an ETW appeal include:

• Whether your child has ALN at all
• An LA decision that it is not necessary to prepare and maintain an Individual Development Plan (IDP)
• The description of your child's ALN in Section 2A of the IDP
• The Additional Learning Provision (ALP) specified in Section 2B (educational) or Section 2C (NHS provision)
• A failure to specify that provision should be delivered through the medium of Welsh
• The school or institution named in Section 2D of the IDP, or failure to name an appropriate placement
• An LA's refusal to revise an IDP, take over a school-maintained IDP, or decision to cease the IDP entirely

If your dispute is about procedural failures — the LA missed the 12-week IDP deadline, or is not delivering provision already written into an existing IDP — the correct route is the Public Services Ombudsman for Wales (PSOW), not the ETW.

The Pre-Appeal Sequence: LA Reconsideration First

If a school has issued a "No ALN" decision or produced an IDP you are unhappy with, you cannot jump straight to the Tribunal. You must first request that the LA reconsider the school's decision.

The LA has 7 weeks to conduct that reconsideration and respond. Only after the LA issues its final decision — either upholding the school or producing a revised IDP — does your right to appeal the ETW open up.

This sequence matters because the 8-week ETW appeal window starts from the date of the LA's final decision letter, not from the school's original decision.

The 8-Week Deadline (and the 16-Week Extension)

Once the LA has issued its final decision, you have 8 weeks to submit your appeal application (Form ETW03) and supporting case statement to the ETW. This deadline is strictly applied — do not miss it.

There is one way to extend this deadline. If you formally engage in Disagreement Resolution Services (DRS) before lodging your appeal — typically through SNAP Cymru — the deadline extends to 16 weeks from the date of the LA decision letter. Engaging DRS does not prevent you from appealing afterwards if mediation fails; it simply gives you more time and the chance of an earlier resolution.

What to Include in Your Case Statement

The ETW requires a case statement alongside your appeal form. This document is the foundation of your appeal. It must contain:

• Copies (never originals) of all relevant documents: the disputed IDP, previous annual reviews, medical or educational psychologist reports, and the LA decision letter
• The specific grounds of your appeal — what decision you are challenging and why it is wrong
• The views, wishes, and feelings of your child (in written, drawn, recorded, or any accessible format). The ETW explicitly requires this, or a valid explanation for why it is absent

The most effective case statements are specific, not emotional. If you are arguing the IDP's Additional Learning Provision is inadequate, quote the exact wording that fails the statutory standard of being "quantified and specific." Then show what the correct provision should say — with exact hours, frequency, staff qualifications, and delivery method specified.

Who Decides Your Appeal?

ETW hearings are conducted by a panel of two or three members: a Tribunal Chair (a qualified lawyer responsible for legal conduct) and one or two Lay Members with specialist expertise in ALN.

Hearings are either "on paper" — decided on written documents alone, common in straightforward refusal-to-assess cases — or oral, conducted by video link or in an accessible venue within an hour's travel of your home.

The LA or institution responds within 4 weeks of the appeal being registered. The full process from appeal submission to final decision typically takes four to five months.

England vs. Wales: Know the Difference

If your child previously had an English Education, Health and Care Plan (EHCP) and you have moved to Wales, that plan does not automatically convert. The Welsh ALN system operates under entirely different legislation — the Additional Learning Needs and Education Tribunal (Wales) Act 2018 — not the English Children and Families Act 2014.

The ETW is not SENDIST (the English tribunal). The IDP is not an EHCP. Quoting English SEND law at the ETW will not help your case.

Common Mistakes That Weaken Appeals

Accepting vague language in the IDP before appealing. If your IDP says "access to support" or "strategies for emotional regulation" instead of specifying hours, frequency, and staff qualifications, that vagueness is one of the strongest grounds for appeal.

Missing the 8-week window. The ETW does not routinely grant extensions. If you are close to the deadline and haven't yet engaged DRS, contact SNAP Cymru immediately — their involvement may unlock the extended 16-week window.

Appealing without independent evidence. LA-commissioned reports tend to support LA positions. An independent Educational Psychologist (EP) report that uses mandatory, quantifiable language ("1 hour of direct 1:1 speech therapy weekly delivered by a qualified SaLT") is far more persuasive than one that says "would benefit from access to support."

Letting the LA delay indefinitely. Under Section 32 of the ALN Act, the LA has 7 weeks to complete a reconsideration. Track that deadline. If they miss it, write formally — the statutory clock creates legal pressure.

Getting Help Without a Solicitor

The ETW process is designed to be accessible to parents without legal representation. SNAP Cymru (helpline: 0808 801 0608) can provide a caseworker to support you through the process, attend meetings, and help draft your case statement.

The Wales ALN Dispute Playbook covers the complete ETW appeal pathway in detail — including case statement templates, evidence checklists, and step-by-step guidance on preparing for a hearing. You can access it at /uk/wales/advocacy/.

The key point is this: a well-prepared, evidence-backed case statement from a parent is far more effective than a vague complaint. The ETW judges on the legal merits of your grounds, not on who presented them.

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