Making an Appeal
You can appeal to the Education Tribunal if you’re unhappy with a decision regarding Additional Learning Needs(ALN) decisions made by Local Authorities and Further Education Colleges in Wales.
The Tribunal will ‘hear’ and decide appeals in relation to children and young people who have or may have ALN. The Tribunal has the power to order LAs and FE Colleges to carry out IDP’s, and amend existing IDP’s. LA’s and FE’s must comply with orders made by the Tribunal.
It will make a decision based on what is right for the child or young person at the date of the hearing.
The Tribunal produces information and guidance which can all be accessed on their website.
The Education Tribunal for Wales
The Special Educational Needs Tribunal for Wales (SENTW) has changed its name to the Education Tribunal (ET).
The ET hears and makes decisions on appeals about:
- additional learning needs and
- special educational needs, and also
- claims of disability discrimination in schools.
Over the next 3 years, the laws about the education provided to children and young people with learning difficulties or disabilities is changing. Children and Young People with Special Educational Needs (SEN) will gradually move to the new Additional Learning Needs (ALN) system, until all pupils are on the new system.
The new ALN system and the old SEN system has its own tribunal rules.
The easiest way to know whether someone has moved to the new ALN system is to check what learning needs plan a child or YP has.
- If they have a statement of SEN, they are on the Special Educational Needs(SEN) system
- If they have an Individual Development Plan (IDP), or have been assessed for additional learning needs after 1 September 2021, they are on the new Additional Learning Needs System.
Whilst the Special Educational Needs Tribunal for Wales (SENTW) has changed its name to the Education Tribunal for Wales (ET), it will still handle all cases.
Previously, young people attending school could bring an appeal to the tribunal, but Young People enrolled in FE post 16, could not. In the new ALN system, people who go to an FE College post 16 will also be able to appeal.
Frequently Asked Questions
We’ve put together some answers to frquently asked questions about Appeals:
What is the Education Tribunal?
The Education Tribunal is an independent panel of ALN experts and individuals with legal expertise which hears parents’ and young people’s appeals against Local Authority and FE decisions about the special educational needs and additional learning needs of children and young people in Wales.
It also hears claims of disability discrimination in schools.
The Tribunal will ‘hear’ and decide appeals in relation to children and young people who have or may have ALN. The Tribunal must have regard to the ALN Code which advises EY’s schools, LAs and Fe’s on identifying and making provision for children with ALN.
A child a child’s parent or young person can make an appeal to the Tribunal if they are unhappy with a decision in relation to SEN/ALN and Individual Development Plans made by a:
- Welsh Local Authority
- Governing body of a Further Education College
Appeals are not brought against governing bodies of maintained schools.
In order for children, their parents and young people to be able to challenge school governing body decisions and plans, the new ALN law and guidance in the ALN Code includes processes for decisions and plans to be ‘reconsidered by the Local Authority’.
This avoids the schools having to manage Tribunal proceedings themselves and allows for disputes to be resolved at a more appropriate level.
The tribunal will be guided by the ALNET ACT (Wales) 2018, ALN Regulations and the ALN Code which advises schools and LAs on identifying and supporting children and young people with ALN.
The Tribunal looks at the evidence put before it and decides whether the LA decision followed the law and the Code. It will make a decision based on what is right for the child or young person at the date of the hearing.
It also hears claims of disability discrimination in schools.
The Tribunal will ‘hear’ and decide appeals in relation to children and young people who have or may have ALN.
The Tribunal must have regard to the ALN Code which advises EY’s schools, LAs and Fe’s on identifying and making provision for children with ALN. The Tribunal looks at the evidence put before it and decides whether the LA decision followed the law and the Code.
A child a child’s parent or young person can make an appeal to the Tribunal if they are unhappy with a decision in relation to SEN/ALN and Individual Development Plans made by a:
- Welsh Local Authority
- Governing body of a Further Education College
Appeals are not brought against governing bodies of maintained schools.
In order for children, their parents and young people to be able to challenge school governing body decisions and plans, the new ALN law and guidance in the ALN Code includes processes for decisions and plans to be ‘reconsidered by the Local Authority’.
This avoids the schools having to manage Tribunal proceedings themselves and allows for disputes to be resolved at a more appropriate level.
Who can make an appeal?
If the appeal is about a child of compulsory school age, or under, the following people can appeal:
1) The child
2) The child’s parent
3) The case friend of a child who lacks capacity
4) The child or parent’s representative
If the appeal is about a young person, over compulsory school age, and up to the age of 25, the following people can appeal:
1) The young person
2) The representative of a young person
The Tribunal will also be able to make decisions about a child or young person’s ability to understand matters relating to the ALN system, including what it means to bring an appeal to the Tribunal.
Where the tribunal feels that a child lacks the capacity to understand specific issues, the Tribunal will be able to appoint a ‘case friend’ upon application for that child.
Case friends can support children who lack capacity, and help them exercise their rights, or act on their behalf. They must submit an application form as a declaration of suitability for the Tribunal’s approval.
What decisions can be appealed to the Education Tribunal?
The new ALN law provides rights of appeal to children, the parents of children and young people regarding ALN. Appeals MUST be made within 8 weeks of the LA decision.
Appeals will be allowed in the following circumstances:
- A decision about whether or not a learner has ALN and is entitled to an IDP
- A decision by a local authority whether to prepare and maintain local authorities (14(1)(c)(11)Act)
- The description of a person’s ALN in an IDP (14(6)Act)
- The additional learning provision (ALP) in the plan – or the support not in the plan (19(4))
- The school named in an IDP or if no school is named (S.48 Act);
- If no school is named in an individual development plan for the purpose of section 48, that fact;
- A decision not to revise an IDP (S.27 Act)
- A decision for the Local Authority not to take responsibility for the IDP (S.28 Act)
- A LA refusal to assess whether a learner requires an IDP (13.(2)(b)Act)
- A refusal to decide a matter on the basis that there is no material change in need and no new information that materially affects the decision(S18(2)(b)) and (s29(2)(a)Act)
- A decision to end an IDP (to cease to maintain) (S31(5)(6)Act)
An appeal application and the supporting case statement (evidence) MUST be received in writing by the Tribunal within 8 weeks from when the parent received notification of the LA ‘s decision from the local authority or the FEI.
The appeal application and the evidence (case statement) do not have to be submitted together.
If a child, child’s parent or young person decides to use disagreement resolution arrangements the 8 week period is extended by a further 8 weeks.
What decisions can the Tribunal make?
On appeal, the Tribunal can
- dismiss the appeal
- order that a person has, or does not have, ALN
- order an FEI or Local Authority to prepare an IDP
- order an FEI or Local Authority to revise an IDP as specified in an order
- order a school, FEI or Local Authority to continue to maintain an IDP (with
or without revisions);
- order a Local Authority to take over responsibility for maintaining an IDP;
- (remit) order an FEI or a Local Authority to review an IDP and ask them to reconsider whether, based on any observations made by the Tribunal it may be necessary for a different decision to be made.
If the Tribunal makes an order e.g. requiring a Local Authority to revise an IDP, the governing body or the Local Authority concerned MUST comply with the order before the end of the period prescribed.
The body or authority concerned MUST report to the Tribunal within the 14 day period starting on the day after the date by which it must have complied with the order
Can I appeal to the Education Tribunal if I’m unhappy with my child’s Health provision?
The tribunal cannot consider cases where only the health element of an IDP is disputed. Although they will hear cases about and IDP where there is also a dispute about additional learning provision in the IDP provided by a health (NHS) body.
Although the Tribunal can’t ‘order’ that an NHS body takes a certain action the education tribunal will:
- Make a recommendation to the NHS body
- The NHS body will have to report back to the tribunal on the action that they have taken
- If the recommendation from the tribunal has not been carried out, the tribunal will be able to report this to the Welsh Government.
For health related complaints see NHS Putting Things Right
If my child is having a ‘statutory assessment’ or has a current SEN Statement and I’m not happy, will I continue with SENTW or move to the new Education Tribunal?
If you are appealing a decision made about a statutory assessment or a statement of special educational needs (SEN), use the guidance on the SENTW website.
This is the correct guidance for children and young people with statements of SEN. The Education Tribunal will hear ALN and SEN appeals.
The following will continue to be brought to the Education Tribunal under the old SENTW guidance:
- Any child who has special educational needs and the a Local Authority is currently undertaking a Statutory Assessment
- Where a Local Authority decides not to make a statement following an assessment or writes a Note in Lieu or offers an IDP and the parent and young person wants to appeal the decision. (current time limits apply)
- Where a Local Authority has decided to ‘cease to maintain’ (stop) a statement and the child or parent disagrees
- Where an appeal to the Tribunal has been brought but not finally decided, SENTW will continue
- Where the tribunal has heard a child’s appeal and ordered that the Local Authority make and maintain a statement
The transition from one system to the next is anticipated to take three years. By the end of this time, Statements of SEN will be replaced by IDP’s and all children and young people will be in the new system.
Can I appeal and use dispute resolution at the same time?
Parents and young People are free to appeal to the Education Tribunal (if they meet the criteria) at the same time as trying to resolve their dispute or after trying dispute resolution.
If a child, child’s parent or young person decides to use disagreement resolution arrangements the 8 week period to make an appeal is extended by a further 8 weeks.
Tribunal Regulations and legislation
ALN appeals:
The Additional Learning Needs and Education Tribunal (Wales) Act 2018
The Additional Learning Needs Code for Wales 2021
The Additional Learning Needs (Wales) Regulations 2021
The Education Tribunal Regulations 2021
SEN appeals:
The Education (Wales) Measure 2009
The Special Educational Needs Tribunal for Wales Regulations 2012
Claims of disability discrimination:
The Education (Wales) Measure 2009
The Education Tribunal Regulations 2021
Further information
The links below may also be relevant and helpful:
The United Nations Convention on the Rights of the Child
Rights of Children and Young Persons (Wales) Measure 2011
The Education Tribunal publications list including leaflets and forms