ALN Dispute Resolution Wales: How to Challenge an IDP Without Going to Tribunal

Most ALN disputes in Wales don't need to go to tribunal. The legal framework includes a staged escalation pathway specifically designed to resolve disagreements before they reach the Education Tribunal for Wales (ETW). Understanding each stage — and using the right one at the right time — saves months of waiting and gives you a better chance of a resolution that actually works for your child.

Here are the main routes available, in roughly the order you would use them.

Stage 1: Resolve It at School Level First

Before anything else, put your disagreement in writing to the school's ALNCo (Additional Learning Needs Co-ordinator). This creates a paper trail that is essential if the dispute escalates.

Be specific. Don't write "I'm unhappy with my child's IDP." Write: "Section 2B of the IDP specifies 'access to a teaching assistant as needed.' The ALN Code requires provision to be quantified and specific. I am requesting that the IDP be revised to specify the exact number of hours, frequency, and staff qualifications for each type of support."

Schools have 35 school days from when ALN is identified to prepare and issue an IDP. If they have already issued one you disagree with, requesting a meeting to discuss specific changes is the first step.

Stage 2: Request LA Reconsideration

If the school refuses to change the IDP, or has issued a "No ALN" decision you disagree with, your next step is to formally request that the local authority reconsider the school's decision under Section 32 of the ALN Act 2018.

This is a mandatory step before you can appeal to the ETW — the Tribunal will not accept an appeal until the LA reconsideration process is exhausted.

Your reconsideration request should:

• State clearly that you disagree with the school's decision or IDP
• Reference Section 32 of the ALN Act
• Explain specifically why you believe the decision is wrong
• Include copies of any supporting evidence (medical reports, private assessments, your own communication log)

The LA has 7 weeks to conduct the reconsideration and issue a written decision. Track this deadline. If they do not respond within 7 weeks, write formally noting the statutory breach — this creates further legal pressure and strengthens a subsequent appeal.

Stage 3: Disagreement Resolution Services (DRS)

Local authorities in Wales are under a statutory duty to provide — or commission — independent Disagreement Resolution Services. In practice, across most of Wales, this service is provided by SNAP Cymru, an independent charity.

DRS is a voluntary, mediated process. A SNAP Cymru mediator facilitates a meeting between you, the school, and the LA. The goal is to reach an informal agreement without a formal hearing. A SNAP Cymru caseworker can also attend meetings with you as a supporter, help you draft correspondence, and explain your legal rights under the ALN Code.

DRS is not legally binding — neither party is forced to accept an agreement. But it has a real advantage: if you formally engage DRS before lodging a Tribunal appeal, your ETW appeal deadline extends from 8 weeks to 16 weeks from the date of the LA's final decision letter. This gives you more time to gather evidence and see if the dispute can be resolved early.

SNAP Cymru's helpline is 0808 801 0608. Their helpline has restricted hours, so email [email protected] if you cannot get through.

Stage 4: Appeal to the Education Tribunal for Wales (ETW)

If LA reconsideration and DRS have not resolved the dispute, you can appeal to the ETW. The Tribunal is an independent judicial body that can overturn LA decisions on:

• Whether your child has ALN
• Whether an IDP is required
• The content of the IDP (the description of needs in Section 2A, and the provision specified in Section 2B and 2C)
• The educational placement named in Section 2D

The appeal must be submitted within 8 weeks of the LA's final decision (or 16 weeks if you engaged DRS). Form ETW03 and your case statement go in together.

The ETW process typically takes four to five months from appeal to decision.

When to Use the Ombudsman Instead

The ETW strictly handles the legal merits of ALN decisions and IDP content. If your dispute is about how the LA handled the process — missed statutory deadlines, failure to deliver provision that is already in a finalized IDP, or mishandling the internal complaints procedure — the correct route is the Public Services Ombudsman for Wales (PSOW).

You must first exhaust the LA's internal complaints procedure before the PSOW will accept jurisdiction. If upheld, the PSOW can order financial compensation for private therapies you funded during a period of LA service failure.

Challenging an IDP on Quality Grounds

The most common IDP dispute is not about whether an IDP exists, but about whether what's in it is legally sufficient. The ALN Code is clear: Additional Learning Provision must be "detailed, specific, and normally quantified."

An IDP that says "access to additional support" or "access to a quiet workspace when needed" does not meet this standard. Provision must specify:

• The exact type of support (e.g., 1:1 speech and language therapy, not "speech support")
• Frequency and duration (e.g., 45 minutes, twice weekly)
• Who delivers it (e.g., a qualified SaLT, not "a member of staff")

When you write to challenge an IDP on these grounds, quote the ALN Code's requirement directly. This shifts the school from informal territory ("we disagree on approach") to statutory territory ("you are in breach of the legal standard").

The Wales ALN Dispute Playbook contains template letters for requesting LA reconsideration, engaging DRS, and escalating to the ETW — along with annotated IDP audit tools that show you exactly where vague language fails the legal standard. Get the full toolkit at /uk/wales/advocacy/.

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