School Not Supporting Your ALN Child in Wales: What to Do Next
School Not Supporting Your ALN Child in Wales: What to Do Next
You know your child needs help. The school acknowledges your child struggles. But the IDP keeps getting delayed, or the provision in it is vague and unenforceable, or the IDP exists but nothing in it is being delivered. Every phone call ends with reassurances that things are improving. Nothing changes.
This is not a communication problem you can solve with another meeting. It is a legal compliance problem, and the tools that fix it are not politeness — they are formal written requests, statutory timelines, and a clear escalation pathway.
Start by Diagnosing the Exact Problem
Different failures have different legal solutions. Before you escalate, identify which of these situations applies:
1. The school has not issued an IDP at all, despite your child clearly needing one. The school is either:
- Delaying the assessment process without formal refusal
- Arguing your child's needs can be met through "ordinarily available inclusive practice"
- Waiting for a diagnosis before acting
2. The school issued an IDP but it contains vague, unenforceable provision. Section 2B says things like "the child will receive support when needed" rather than specifying hours, frequency, and provider qualifications.
3. The IDP exists and looks reasonable on paper, but provision is not being delivered. The 1:1 sessions are not happening. The SaLT hasn't visited. The TA who was supposed to work with your child is covering other classes.
4. The school has refused to issue an IDP following a formal assessment. You have received a "No ALN Notice" and believe it is wrong.
Each of these requires a different initial response, but all of them eventually lead to the same escalation pathway if the school does not fix the problem.
When the School Is Delaying or Refusing Assessment
If you have not yet made a formal written request, make one now. Write to the headteacher and ALNCo citing Section 11 of the ALNET Act 2018. State that you believe your child has ALN under the legal definition, and formally request the school to exercise its duty to decide.
Your letter should say, in substance: "I formally request that your school exercise its duty to decide under Section 11 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018. I expect written acknowledgement within 15 school days and the completion of the assessment process, with either an IDP or a formal No ALN Notice, within 35 school days from the date of that acknowledgement."
Do not write this as a request. Write it as a notification of your legal expectations. Date the letter. Keep a copy.
If the school has already been informally "looking into things" for weeks without formal action, your letter restarts the clock on the statutory 35-day timeline.
When the IDP Is Vague
Write to the ALNCo formally. Set out specifically which provisions in Section 2B are not compliant with the ALN Code 2021. Cite Chapter 23 of the Code, which requires provision to be "specified and quantified." State exactly what language you want instead, using the specified-and-quantified format.
For each problematic provision, write:
"Section 2B currently states: '[vague provision language]'. This does not meet the requirements of Chapter 23 of the ALN Code 2021, which requires ALP to be specified and quantified. I request that this be revised to: '[your specific, quantified version]'."
Give the school 10 working days to respond with a commitment to revise the IDP. If they do not, escalate to the local authority.
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When the IDP Exists but Provision Is Not Being Delivered
This situation is unfortunately common. An IDP in Section 2B may specify 3 x 45-minute 1:1 sessions weekly. In practice, those sessions are happening once a week, or not at all, because the TA is absent and no cover is arranged, or because the school restructured timetabling without updating the IDP.
First, document the gap. Keep a log of what provision should be happening (as per the IDP) and what is actually happening. Talk to your child. Write down dates and observations.
Then write to the ALNCo citing the specific provision that is not being delivered, your evidence, and requesting an explanation for the shortfall. State that you expect the provision to recommence immediately and that you expect confirmation within 5 working days.
If the school acknowledges the gap but cannot or will not fix it, this may trigger the question of whether it is "reasonable" for the school to secure the provision — which is the threshold for requiring the LA to take over the IDP. Write to the local authority explaining that the school is unable to deliver the provision in the IDP and requesting the LA to exercise its functions under the ALNET Act to ensure your child receives the ALP they are entitled to.
When the School Has Issued a "No ALN Notice"
A formal No ALN Notice triggers a specific pathway:
- Write to the Local Authority, formally requesting reconsideration under Section 68 of the ALNET Act. Include all your evidence: school data, professional reports, your own written account of your child's difficulties.
- The LA has 7 weeks to review the decision.
- If the LA upholds the refusal, contact SNAP Cymru (0808 8010 608) for independent advice and access to Dispute Resolution Services.
- If DRS does not resolve the matter, file an appeal with the Education Tribunal for Wales.
Do not let any stage drag on without formal written action. Schools and local authorities operate on tight timelines when they face formal correspondence citing statutory provisions. Informal approaches get informal responses.
Building Your Case at Every Stage
Throughout this process, keep meticulous records:
- Copies of every letter and email, dated and addressed
- Notes from every phone call and meeting, written up and emailed to the other party immediately after for confirmation
- School progress data and any assessment reports
- A log of what provision the IDP specifies versus what is actually being delivered
- Any written communications from teachers, TAs, or therapists about your child's progress
This evidence base serves two purposes. It shows the school and LA that you are organised and serious. And it forms the foundation of any Tribunal submission if the dispute escalates.
Using SNAP Cymru and Independent Support
SNAP Cymru (0808 8010 608) provides free, independent ALN advice and advocacy services across Wales. They offer template letters for requesting IDPs and challenging inadequate provision, and they can assign an Independent Parental Support worker to attend meetings with you. Their waiting lists can be long, but their resources — particularly the template letters available on their website — are useful immediately.
For complex cases or Tribunal appeals, consider whether you need a professional ALN advocate or a specialist education solicitor. Legal aid is not generally available for ETW proceedings, but some solicitors offer fixed-fee support for specific stages of the process.
The Wales IDP & ALN Blueprint gives you the complete toolkit: the specific template letters for each stage of this process, the statutory references that make them legally effective, and the guidance to navigate the escalation pathway without a solicitor for the majority of situations where schools are not complying with the ALNET Act.
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