ALN Evidence Gathering in Wales: What You Need for a Tribunal or IDP Challenge

The outcome of an ALN dispute in Wales — whether at LA reconsideration or before the Education Tribunal for Wales — is determined almost entirely by the strength of your evidence. A well-structured, specific, legally grounded evidence base will outperform an emotionally compelling but vague account every time.

Here is what evidence you need, how to get it, and what makes it persuasive to a Tribunal panel.

What the Tribunal Actually Evaluates

The ETW's role is to determine whether the LA's decision was correct under the ALN Act 2018 and the ALN Code for Wales 2021. The panel makes this determination by weighing evidence from both sides.

The questions they are answering include:

• Does this child meet the legal definition of ALN (a learning difficulty or disability that calls for Additional Learning Provision)?
• Does the ALP in the IDP meet the statutory requirement of being "detailed, specific, and normally quantified"?
• Is the proposed school placement appropriate for the child's identified needs?

Your evidence needs to speak directly to these questions — not to the question of whether your child is struggling (though that matters) but to the specific legal standards the decision must meet.

Category 1: Professional Reports

Independent Educational Psychologist (EP) reports are the most valuable single piece of evidence in ALN disputes. The difference between a helpful EP report and a useless one is entirely in the language used.

A weak report says: "It would be beneficial for [child] to have additional support with reading and numeracy."

A strong report says: "In order to make expected progress, [child] requires 3 hours per week of direct 1:1 specialist reading intervention delivered by a teacher with a postgraduate qualification in dyslexia or literacy difficulties. This must be in addition to whole-class literacy instruction, not instead of it."

The second version is enforceable. The first is not. When commissioning a private EP report, explicitly tell the EP that you need provision recommendations to be quantified and specific, in compliance with the ALN Code for Wales.

Speech and Language Therapy (SaLT) reports: For children with speech, language, or communication needs, a private SaLT assessment provides crucial evidence of need and what provision is required. Again, specificity matters — "weekly therapy" is less useful than "45 minutes of direct specialist SaLT per week with 15 minutes of supervised practice."

Occupational Therapy (OT) reports: For sensory processing needs, motor coordination difficulties, or environmental adaptations, OT reports can specify the exact adjustments and equipment the IDP must include.

Medical and clinical reports: CAMHS assessments, paediatric reports, and GP letters can establish the underlying medical condition. However, note that under Welsh ALN law, a diagnosis alone does not create an entitlement to an IDP — the evidence must connect the diagnosis to a need for ALP.

Category 2: School Evidence

Attainment and progress data: Request copies of your child's progress data over the last two to three years — test scores, reading ages, teacher assessments. This data is used to show that universal classroom provision has not been sufficient.

Communication logs: Every email, letter, and meeting note with the school is potentially relevant. Keep copies of everything. An email showing the school acknowledged a need in September, but still hadn't addressed it by March, is powerful evidence of failure.

Exclusion records and behaviour logs: If your child has been excluded, sent home, or placed on a reduced timetable, obtain copies of these records. They demonstrate the consequences of unmet need.

School's monitoring records for IDP delivery: Once an IDP is in place, schools are required to monitor delivery of ALP. You have a right to request these records. If the school cannot produce them — or if they show provision was not delivered — this is significant evidence.

Category 3: Your Own Records

A chronological communications log: Keep a running document recording every meeting, phone call, and written communication with the school and LA. Include dates, who said what, and any follow-up actions agreed. This log becomes your timeline of events for the case statement.

A provision monitoring diary: Once an IDP is in place, track daily or weekly whether the provision specified is actually being delivered — who delivered it, how long it lasted, whether it matched what the IDP specified.

Your child's views and feelings: The ETW explicitly requires that the views, wishes, and feelings of the child are included in the case statement, or a valid reason given for their absence. These can be in any format — written, drawn, recorded, or expressed verbally and documented by you. For young children, your description of how they experience school and what they have told you is valid.

Obtaining Independent Reports in Wales

Private EP assessments typically cost £500–£1,500 depending on the scope. This is a significant outlay, but independent reports tend to be significantly more persuasive at Tribunal than LA-commissioned assessments, which parents and tribunals sometimes view as aligned with LA cost interests.

Some organisations offer partial funding assistance for diagnostic assessments for families on lower incomes. SNAP Cymru (0808 801 0608) can advise on what's available in your area.

When commissioning any independent report, provide the assessor with:

• A copy of the current IDP (if one exists) and your specific objections to it
• Your chronological communications log
• The school's most recent progress data
• A clear brief: "I need the report to address whether the current IDP provision meets the statutory standard and, if not, what specific quantified provision is required"

Evidence for Specific Types of Appeals

Refusal to assess / No ALN decision: Focus on demonstrating that universal provision has been tried and failed. Evidence includes school progress data, teacher communications noting the child is struggling, and an independent report establishing that the child's needs exceed what classroom differentiation can meet.

IDP content appeal (Section 2B provision): Focus on the gap between what the current IDP specifies and what an expert says is actually needed. Juxtapose the IDP's vague language against the EP's specific, quantified recommendations.

Placement appeal (Section 2D): Focus on why the proposed placement cannot meet the child's identified needs, and what provision the preferred placement would offer. Evidence from the preferred school about its specialist provision is valuable here.

The Wales ALN Dispute Playbook includes a structured evidence checklist for each type of ETW appeal, guidance on how to brief independent professionals, and case statement templates that organise your evidence into the format the ETW expects. Get the full toolkit at /uk/wales/advocacy/.

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