EHCP Wales: Why EHCPs Don't Exist in Wales and What to Do Instead

Every week, Welsh ALN forums see the same question: "My child has an EHCP — what do I need to do to transfer it to Wales?" The answer surprises most families who cross the border. There is nothing to transfer. Wales does not have EHCPs. An Education, Health and Care Plan is a legal instrument created under the Children and Families Act 2014, which applies to England only. It has never applied to Wales, has no legal standing under Welsh law, and cannot be "converted" in any administrative sense.

If your child has an EHCP and you have moved to Wales, or if you are a Welsh parent who has been searching for EHCP information because that is what comes up when you search online, this piece explains what the Welsh system actually looks like and what steps you need to take.

Why EHCP Searches Keep Leading Welsh Parents Astray

The United Kingdom's internet ecosystem is overwhelmingly dominated by English education content. Mumsnet, mainstream parenting websites, legal guides, and even many charity websites are written from the perspective of the Children and Families Act 2014 and the English SEND framework. When a Welsh parent types "help getting my child assessed for learning needs," the results they see are mostly about EHCPs, SENCOs, SENDIASS, and the SEND Tribunal.

None of those terms apply in Wales. Using them with a Welsh ALNCo or local authority official signals immediately that you are unfamiliar with Welsh law — which makes it much easier for schools and councils to deflect your requests.

The Welsh system uses:

• Individual Development Plans (IDPs) — not EHCPs
• Additional Learning Needs (ALN) — not SEN or SEND
• ALNCo (ALN Co-ordinator) — not SENCO
• Education Tribunal for Wales (ETW) — not the SEND Tribunal
• ALNET Act 2018 and ALN Code 2021 — not the Children and Families Act 2014

The Welsh system also covers a broader age range. IDPs can apply from birth to age 25, including in further education colleges.

What Happens When You Move to Wales With an EHCP?

This is a specific legal situation that catches families completely off-guard, often at exactly the moment when their child is most vulnerable — in the middle of a school move.

When a child with an English EHCP moves to Wales, the following applies:

The EHCP ceases to have legal effect. There is no Welsh legislation that gives an English EHCP any legal standing once the family is resident in Wales. The Welsh school or local authority is not bound by it.

The school must treat it as a fresh referral. The Welsh school has a statutory duty under Section 11 of the ALNET Act 2018 to decide whether the child has ALN. This is the same process a child with no previous assessment history would go through. The school has 15 school days to acknowledge the request and 35 school days to complete the assessment and, if ALN is confirmed, issue the IDP.

The EHCP is used as evidence only. During the Welsh assessment, the English EHCP is a useful document — it contains historical assessments, reports from educational psychologists, therapists, and other professionals, and a record of what provision has been in place. The Welsh ALNCo and local authority should be using all of this as evidence when they determine what ALP the child needs. But they are not bound by it.

Continuity is at risk. During the assessment period — which could be up to 35 school days or 12 weeks depending on who is running the process — your child may have no statutory protection. The provision written into the old EHCP may not be delivered. Schools are under pressure to keep costs down, and an incoming child without a finalised Welsh IDP is in a legally precarious position.

How to Protect Your Child During the Transition

If you are moving from England to Wales with a child who has an EHCP, take these steps before the school year begins if at all possible:

Contact the Welsh school before the move. Write to the headteacher and ALNCo in advance. Explain that your child has a complex needs profile documented in a current EHCP. Invoke Section 11 of the ALNET Act immediately — do not wait until your child starts school. Request that the 35-day clock begins as early as possible.

Send copies of all evidence. Share the full EHCP, all professional reports cited in it (educational psychology, speech and language therapy, occupational therapy), and any other assessments. Do not let the Welsh school rely solely on their own observations — your existing evidence should anchor the new assessment.

Be explicit about current provision levels. Write down every item of provision your child currently receives, with hours and frequency. When the Welsh IDP is drafted, you want Section 2B to include equivalent provision. If the new IDP offers less, challenge it in writing before signing.

Consider requesting LA involvement. If your child's needs are complex — requiring specialist placements, intensive therapy, or high-hours TA support — write to the local authority at the same time as the school. If the LA needs to maintain the IDP rather than the school, you want that process started early.

What If Wales Offers Less Than the EHCP Provided?

This is the most common crisis families face after moving. The Welsh school reviews the EHCP, applies the Welsh ALN threshold, and issues an IDP that specifies significantly less provision than the EHCP did.

You have several options:

Challenge the IDP content before accepting it. You can object to a draft IDP in writing, citing Chapter 23 of the ALN Code 2021 and demanding that provision be specified and quantified at a level that reflects your child's assessed needs. Cite the evidence from the original EHCP to justify the level of provision you are requesting.

Request independent assessment evidence. If the Welsh school's assessment is superficial or does not reflect your child's actual profile, you can commission an independent Educational Psychologist report. HCPC-registered independent EPs are listed through the British Psychological Society. A robust independent report carries significant weight in any dispute or Tribunal appeal.

Use Dispute Resolution Services. All Welsh local authorities must provide access to free Dispute Resolution Services before Tribunal. If you believe the IDP is inadequate, DRS offers mediation with the LA. You can access DRS and still retain the right to appeal to the Education Tribunal for Wales.

Appeal to the Education Tribunal for Wales. If you and the local authority or school cannot reach agreement, Sections 2A, 2B, 2C, and 2D of the IDP are all appealable to the ETW. The Tribunal can order the responsible body to revise the IDP.

For Welsh Parents Who Searched for EHCP Information

If you are a parent who has been living in Wales all along and found this article because you searched for "EHCP Wales" — you are not alone. Market research consistently shows that Welsh parents routinely absorb English SEN terminology from internet searches and parenting forums, often without realising it does not apply.

The system you need to navigate is the ALN system under the ALNET Act 2018. Your child does not need an EHCP. They need an Individual Development Plan. The process for getting one, the rights you have if it is refused or poorly written, and the route to appeal are all covered in the Wales IDP & ALN Blueprint.

If you have downloaded an EHCP template from Etsy or a parenting website and submitted it to your child's Welsh school — disregard it entirely. An EHCP template submitted to a Welsh ALNCo is legally irrelevant. It also signals to the school that you are unfamiliar with Welsh law, which can make it significantly easier for them to manage you rather than support your child.

The good news is that the Welsh ALN system, when engaged correctly using the right statutory framework, is in some respects more powerful than the English SEND system. The IDP can cover provision from birth to 25, statutory timelines are clear, and health provision written into Section 2C becomes legally binding on the NHS. Knowing how to use the system you actually live under is the most important step you can take.

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