ALN Tribunal Hearing Preparation Wales: How to Get Ready for the ETW

An Education Tribunal for Wales hearing is a formal judicial process. It is less intimidating than a full courtroom trial, but it is not an informal discussion — the panel will expect you to present your case clearly, cite the relevant law, and respond to the LA's arguments. Parents who prepare thoroughly have a genuine chance of success. Parents who turn up hoping to tell their story and be believed are rarely satisfied with the outcome.

Here is a practical guide to getting ready for your ETW hearing.

Understanding the Hearing Format

ETW hearings come in two types:

Paper hearings: The panel reviews written documents — your case statement, the LA's response, and all evidence — without any witness testimony. These are most common for straightforward cases, particularly refusal-to-assess or No ALN appeals where the facts are largely undisputed and the question is a legal one. Paper hearings are decided on the quality of your written case statement.

Oral hearings: You attend (via video link or at a venue within an hour's travel of your home), present your case, and the panel can ask questions. The LA typically sends a representative. Witnesses — your independent EP, for example — can give evidence in person or via written statement.

In your appeal, you can request an oral hearing if you believe witness testimony is important to your case. For placement disputes or complex provision arguments, an oral hearing is often preferable.

The panel consists of a Tribunal Chair (a qualified lawyer) and one or two Lay Members with ALN expertise.

What to Prepare: The Case Statement

The case statement is your most important document. For paper hearings, it is your entire case. For oral hearings, it sets the structure that the hearing will follow.

A strong ETW case statement:

Starts with the grounds of appeal. State clearly which decision you are appealing (by date and decision-maker), the specific grounds on which you believe it is wrong, and what outcome you are seeking. For example: "I appeal the LA's decision dated [date] upholding the school's No ALN determination. The decision is wrong because [child] meets the legal definition of ALN under Section 2 of the ALN Act 2018, as demonstrated by the enclosed EP report."

Tells the story chronologically. Summarise the key events in date order — when you first raised concerns, what the school's responses were, what assessments or reports have been obtained, and when the decision you are appealing was made.

Addresses the legal standard directly. For provision appeals, the ALN Code requires ALP to be "detailed, specific, and normally quantified." Quote the specific IDP language you are challenging and explain why it fails this standard. Then quote the independent EP's recommended provision as the standard the IDP should meet.

Includes your child's views. The ETW explicitly requires this. If your child is too young to express views in writing, describe conversations you've had with them, their drawings or expressions about school, and how the current provision is affecting them.

Lists all documents enclosed. Everything you refer to must be enclosed (copies, not originals). Label each document clearly — "Exhibit A: IDP dated [date]", "Exhibit B: EP report dated [date]" — and reference exhibits in the body of the statement.

The "Working Document" in ALN Tribunal Cases

In more complex ETW cases, particularly placement disputes or comprehensive provision reviews, the parties may work from a "working document" — a structured table that sets out the disputed elements of the IDP side by side. Typically:

Working documents are often prepared collaboratively between parties before the hearing. They help focus the hearing on what is actually in dispute rather than spending time on areas of agreement.

If the LA invites you to complete a working document, take this seriously — it is not a trap. A clear, specific working document helps the Tribunal understand your position and demonstrates that you understand the legal structure of the IDP.

Preparing Your Evidence Bundle

Your evidence bundle is the collection of all documents you are presenting to the panel. Organise it clearly:

1. The decision letter you are appealing
2. The current IDP (or evidence of refusal to issue one)
3. Your communications with the school and LA leading up to the appeal
4. Independent professional reports (EP, SaLT, OT, medical)
5. School progress data and attainment records
6. Your child's views (in whatever format)
7. Any other supporting evidence (photographs of the school environment, if relevant; Ofsted/Estyn reports; evidence about the preferred school's provision)

Number every page in your bundle and create a simple index page at the front. The panel and the LA need to be able to find documents quickly during a hearing.

What Happens at an Oral Hearing

The Tribunal Chair opens the hearing, confirms who is present, and outlines the procedure. You present your case first — summarise your grounds of appeal and the evidence you are relying on. The LA responds. The panel asks questions of both parties and any witnesses.

You do not need to be a trained advocate to present effectively. Speak to the panel directly, refer to specific documents in the bundle by exhibit number, and stay focused on the legal standard — not the emotional experience (though this matters and is noted). If you don't understand a question, ask for clarification.

The most important preparation for an oral hearing is practising answering the hard questions: "Why do you believe the LA's provision is insufficient?" "What evidence supports the specific hours your EP is recommending?" "Why is the school you're requesting better placed to meet your child's needs than the LA's proposed placement?"

After the Hearing

The panel's decision is issued in writing, usually within two to three weeks for paper hearings and a few weeks after an oral hearing. The decision is binding — if you win, the LA must implement it. If you lose, there is a limited right to appeal on a point of law to the Upper Tribunal.

The Wales ALN Dispute Playbook includes a complete ETW hearing preparation guide — covering case statement templates, evidence bundle checklists, working document frameworks, and what to expect on the day of a hearing. Get the full toolkit at /uk/wales/advocacy/.

See more United Kingdom homeschool guides →