ALN Transition Disputes Wales: When the SEN-to-ALN Switch Cuts Your Child's Support

The transition from the old SEN system to the new ALN framework has been one of the most contentious and litigated aspects of Welsh education reform. Between 2021 and 2025, thousands of children transferred from SEN Statements to Individual Development Plans — and a significant number emerged from that transition with less provision than they had before.

This is not an accident. It is a predictable consequence of transition mechanics that local authorities have, in some cases, exploited to reduce support costs during a period of general paperwork change. If your child lost provision during this transition, or if you are navigating a post-16 ALN dispute, here is what the law says and what you can do.

How the Transition Was Supposed to Work

Under the ALN (Transitional Arrangements) (Wales) Regulations 2021, existing SEN Statements were required to be converted to IDPs as part of a phased rollout. The key protection: a converted IDP should not provide less support than the original Statement. The provision specified in the Statement was meant to transfer intact to the new IDP.

In practice, this protection has frequently not held. Common patterns:

Diluted provision language: The Statement specified "20 hours per week of 1:1 Teaching Assistant support." The IDP says "access to Teaching Assistant support as appropriate." Technically still "provision," but practically unenforceable.

Reclassification to universal provision: During the conversion, the LA argues that some provision in the Statement can now be met through "universal provision" in the classroom, and removes it from the IDP entirely.

Delay in conversion creating a gap: Children caught mid-conversion sometimes experienced periods without any statutory plan, during which provision was informally reduced without formal process.

School action to protect budget: As the transition created a mountain of new statutory IDPs, schools facing resource pressure quietly reduced the intensity of provision without formally revising the plan — hoping parents wouldn't notice until the next annual review.

What to Do If Your Child Lost Provision in the Transition

Step 1: Get both documents side by side. Obtain a copy of the original SEN Statement and the current IDP. Go through them section by section. For every piece of provision in the Statement, confirm whether it appears in the IDP — with the same specificity and quantification.

Step 2: Document the discrepancy in writing. Write to the ALNCo or LA ALN team identifying each piece of provision from the Statement that does not appear in the IDP, or that has been diluted. Ask for an explanation of each change and the legal basis for it.

Step 3: Request a formal IDP review. Under the ALN Act, parents can request an IDP review at any time. A review is the formal mechanism for updating the IDP — including restoring provision that was incorrectly removed during conversion.

Step 4: Request LA reconsideration. If the IDP review does not restore the missing provision, formally request LA reconsideration under Section 32 of the ALN Act. This triggers the 7-week deadline and opens the route to the ETW if unresolved.

Step 5: Appeal to the ETW if necessary. The Education Tribunal for Wales can rule on the content of an IDP — including ordering the restoration of provision that was improperly removed during the transition.

Statement-to-IDP Conversion: The "Same or Better" Test

When a Statement is converted to an IDP, parents can insist on the "same or better" test. The new IDP must specify provision that at minimum matches what was in the Statement — ideally with improved clarity and quantification.

If the LA argues that your child no longer needs the provision that was in the Statement because "they've made progress," that argument must be backed by evidence. Ask to see the evidence they are relying on for the reduction. If they cannot produce it — or if the evidence they produce doesn't actually support a reduction — that is grounds for a Section 32 reconsideration.

Post-16 ALN Disputes

The ALN Act extends statutory protections up to age 25, covering young people in Further Education Institutions (FEIs). This is different from England, where EHCP extensions to age 25 must be specifically applied for.

However, the post-16 system in Wales has its own pressure points.

Transition from school to FEI: When a young person leaves school, the responsibility for the IDP typically transfers from the school (or LA) to the FEI. If the FEI determines it cannot meet the young person's needs from its own resources, it must refer the case to the LA. The LA may then fund a placement at an Independent Specialist Post-16 Institution (ISPI).

Common post-16 disputes include:

• FEI claiming it cannot meet complex needs but failing to make the required LA referral
• LA refusing to fund an ISPI placement on cost grounds
• Provision in the FEI-maintained IDP being less specific than the school IDP
• Young people being told the ALN system no longer applies to them at age 18 or 21 (it applies to 25)

The ALN Act does not guarantee full-time education to age 25. It guarantees provision if the young person still has ALN requiring ALP that they consent to receive. If a young person has successfully transitioned into independence, the statutory duty may cease. The dispute arises when young people still need support but the FEI or LA claims they no longer qualify.

Post-16 Transition Planning

Transition planning for post-16 should begin at the Year 9 annual review — this is the point at which Careers Wales and FEI staff should be attending, and the IDP should start mapping the young person's post-16 pathway.

If this planning hasn't happened — or if the young person is approaching the end of school without a confirmed post-16 placement — act urgently:

• Write immediately to the school requesting an emergency review meeting with the LA
• Request that the LA begin identifying appropriate FEI or ISPI placements without delay
• Note that delays in post-16 placement decisions are one of the most documented systemic failures in the Welsh ALN system, and that the LA's duty to provide appropriate provision does not pause because they haven't planned ahead

The Wales ALN Dispute Playbook covers both the SEN-to-ALN transition challenge process and post-16 disputes, including template letters for requesting provision restoration and LA referral for ISPI funding. Get the full toolkit at /uk/wales/advocacy/.

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