How to Prepare an ALN Tribunal Case in Wales Without a Solicitor

The Education Tribunal for Wales was designed so parents could present their own case without legal representation. The hearing is conducted in plain language, the panel asks questions directly, and there are no court formalities. But "designed for self-representation" does not mean "no preparation required." Parents who arrive at the ETW expecting to tell their story and be believed are rarely satisfied with the outcome. The panel weighs specific, legally grounded evidence — not emotional accounts of how the system has failed your child.

Here's the direct answer: you can absolutely prepare and present your own ETW case without a solicitor, provided you structure your evidence properly, write a Case Statement that addresses the statutory grounds, and understand what the hearing process involves. The preparation work is the same whether you do it yourself or pay someone £200–£350 per hour to do it for you.

What the Tribunal Actually Decides

The Education Tribunal for Wales can only rule on specific matters defined by the ALNET Act 2018. Understanding what the ETW can and cannot do shapes every aspect of your preparation:

The ETW can order:

• That your child does have ALN (overturning a "No ALN" decision)
• That a local authority must prepare and maintain an IDP
• That specific provision must be included in Section 2B or 2C of the IDP
• That ALP must be provided through the medium of Welsh
• That a specific school or placement must be named in Section 2D
• That an IDP must be revised to meet the statutory standard

The ETW cannot:

• Order a school to apologise or change its behaviour
• Award compensation for past failures (that's the Ombudsman)
• Punish individual teachers or ALNCos
• Change how a school allocates its budget
• Enforce its own orders (enforcement requires judicial review if the LA refuses to comply)

Your Case Statement and evidence must be directed at what the ETW can actually decide. Every piece of evidence should connect to a specific statutory provision you want the panel to uphold.

The 5-Phase Preparation Process

Phase 1: Define Your Grounds of Appeal (Week 1)

Before you gather a single piece of evidence, write down exactly what you're asking the Tribunal to do. Be specific. "I want my child to get better support" is not a ground of appeal. These are:

• "I am appealing the LA's decision that my child does not have ALN, on the grounds that the evidence demonstrates a learning difficulty that calls for Additional Learning Provision under Section 2 of the ALNET Act 2018."
• "I am appealing the contents of Section 2B of my child's IDP, on the grounds that the provision specified is insufficiently detailed and does not meet the requirements of Chapter 23 of the ALN Code."
• "I am appealing the LA's refusal to name [School X] in Section 2D of my child's IDP."

Each ground of appeal maps to a section of the Act. Your Case Statement will be structured around these grounds.

Phase 2: Build Your Evidence File (Weeks 1–3)

The evidence file is the backbone of your case. Organise it into categories:

Category 1: The disputed document The IDP, the "No ALN" notice, or the LA decision letter you're appealing against. This is exhibit A — the panel will refer to it throughout.

Category 2: Attainment and progress data Request your child's attainment data from the school covering the past 12–24 months. You're looking for evidence that shows the gap between your child and their peers is widening, stable, or not closing despite the current level of support. Standardised test scores, reading ages, and teacher assessments are all relevant.

Category 3: Professional assessments Educational psychologist reports, speech and language therapy assessments, occupational therapy evaluations, CAMHS reports. These carry significant weight with the panel because they're authored by qualified professionals who've assessed your child directly.

Category 4: Evidence of failed or insufficient provision Records showing that interventions tried by the school haven't worked, or that specified provision hasn't been delivered. Meeting minutes where the school acknowledges limited progress, emails confirming support hours were reduced, attendance records showing patterns of absence linked to unmet needs.

Category 5: Your child's views The ETW requires that the child's views, wishes, and feelings are included. This can be a written statement, a drawing, an audio recording, or a video — whatever format your child is comfortable with. The panel takes children's views seriously. A 10-year-old saying "I don't understand what the teacher is saying and no one helps me" is powerful evidence.

Category 6: Correspondence trail Every letter and email between you, the school, and the LA. This shows you've followed the statutory process and demonstrates the timeline of the dispute.

Phase 3: Write Your Case Statement (Weeks 3–5)

The Case Statement is the document the panel reads before the hearing. It's your opportunity to present your case in writing, with evidence references. Structure it around your grounds of appeal:

Section 1: Background Brief factual summary: your child's age, school, diagnosis (if any), history of ALN identification, and the decision you're appealing.

Section 2: Ground of Appeal 1 State the ground. Cite the relevant section of the ALNET Act. Present the evidence that supports your position. Reference specific documents in your evidence file by number.

Section 3: Ground of Appeal 2 Same structure. Each ground gets its own section.

Section 4: What you're asking the Tribunal to order Be explicit. "I am asking the Tribunal to order the LA to [prepare an IDP / revise Section 2B to include X / name School Y in Section 2D]."

Section 5: Your child's views Summarise your child's views and reference the full statement in the evidence file.

Keep it factual, structured, and referenced. The panel reads dozens of cases. A clear, well-organised Case Statement with numbered evidence references is more persuasive than a lengthy emotional narrative.

Phase 4: Prepare for the Hearing (Weeks 5–7)

If you've requested an oral hearing (recommended for contested cases), prepare for these elements:

The Working Document. After both sides submit their Case Statements, the ETW produces a Working Document that consolidates the issues in dispute. Read it carefully — it tells you what the panel considers the key contested points.

Your opening statement. You'll have the opportunity to summarise your case verbally. Keep it under 5 minutes. Hit the key points: what the dispute is, what evidence supports your position, and what you're asking the Tribunal to order.

Questions from the panel. The panel will ask you questions about your evidence and your child's needs. Answer directly and factually. If you don't know the answer, say so — don't speculate.

Questions to the LA's witnesses. You may have the opportunity to ask questions of the LA's representatives. Prepare specific questions in advance that highlight inconsistencies in their position or gaps in their evidence.

Your child's participation. The ETW can invite the child to attend or participate remotely. Discuss with your child whether they want to be involved and in what way. Their direct participation is not required, but it's their right.

Phase 5: After the Decision (Post-Hearing)

The panel issues a written decision, typically within 2–3 weeks of the hearing. If the Tribunal orders changes, the LA has a specific timeframe to comply. If the LA refuses to comply with a Tribunal order, enforcement requires judicial review — this is the point where a solicitor becomes essential.

What a Solicitor Would Charge for This

To put the DIY approach in context:

Phases 1–4 above cover the first four rows of that table. A self-advocacy guide with template Case Statement structures and evidence frameworks gives you the same output — organised differently, but functionally equivalent.

Who This Is For

• Parents who have lodged or are about to lodge an ETW appeal and need to prepare their case
• Parents who want to handle the process themselves and use a solicitor only if absolutely necessary
• Parents on a budget who cannot justify £3,000–£5,000 in legal fees for a procedural dispute
• Parents who want to understand the entire process before deciding whether professional representation is needed

Who This Is NOT For

• Parents whose case involves complex legal arguments or contested specialist placements — solicitor representation is strongly recommended
• Parents who have already been through the ETW process and received an unfavourable decision — enforcement and judicial review require professional legal support
• Parents in England, Scotland, or Northern Ireland — different tribunal systems

Getting the Complete Framework

The Wales ALN Dispute Playbook includes the full ETW preparation framework: the step-by-step tribunal walkthrough described above, a template Case Statement structure you adapt to your grounds of appeal, the evidence-gathering checklist organised by category, guidance on incorporating your child's views, and template letters for requesting records from the school and chasing professional reports. If you've already lodged the appeal, you can start building your Case Statement tonight.

Frequently Asked Questions

How long does an ETW case take from start to finish?

From lodging the appeal to receiving a decision, typically 4–5 months. The LA has 4 weeks to submit their Case Statement after the appeal is registered, then there's a period for exchanging evidence and producing the Working Document before the hearing is scheduled. Complex cases can take longer.

Can I bring someone to support me at the hearing?

Yes. You can bring a friend, family member, or supporter to the hearing. They can sit with you and take notes. If you want them to speak on your behalf, you should notify the ETW in advance. SNAP Cymru may also be able to provide a volunteer to accompany you.

What if the LA sends a barrister to the hearing?

This happens occasionally, but the ETW is designed to be a level playing field. The panel understands that most parents are self-representing and will adjust the hearing process accordingly. A well-prepared parent with an organised evidence file and a clear Case Statement can hold their own against legal representation. The panel's job is to assess the evidence, not to judge who has the better lawyer.

Should I get an independent professional assessment?

If your child hasn't had a recent educational psychology assessment, and the school's evidence is limited to teacher observations and classroom data, an independent assessment can significantly strengthen your case. Independent educational psychologists typically charge £600–£900 for a full assessment. While expensive, this single piece of evidence often carries more weight with the panel than a dozen emails to the school.

What if I lose at the ETW?

You can request a review of the decision if you believe there was a procedural error in the hearing. You cannot appeal simply because you disagree with the outcome. If the decision was legally wrong (the panel misapplied the law), judicial review through the courts is the remedy — but this requires a solicitor and is rare. In most cases, an unfavourable decision means waiting for the next annual review and building a stronger case with new evidence.

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