Reconsideration of School Decisions

The new ALN law provides several rights for children, their parents and young people to have certain decisions reconsidered.

In the following circumstances children, their parents and young people can ask the local authority where they live to reconsider the following decisions and plans:

• a school decision whether a child has ALN or Not
• to reconsider a school IDP with a view to revising it
• to reconsiders a school’s decision to cease to maintain(to end) an IDP

A parent can also request that the local authority:

• ‘take over’ responsibility for maintaining an IDP

These laws give children and their parents, and young people, an effective means of challenging the decision of the governing body of any  maintained schools in Wales.

This avoids the schools having to manage Tribunal proceedings themselves and allows for disputes to be resolved at a more appropriate level.

If a disagreement continues to exist, the law also gives ‘appeal rights’ to children, their parents and young people in relation to particular ALN matters (see S. 70 and 72).

Appeals to the tribunal can only be brought against local authorities and governing bodies of FEIs, but not against  governing bodies of maintained schools.

Reconsidering a school decision on whether a child has ALN or not.

If the governing body decides that a child or young person doesn’t have  ‘ALN’, they MUST set out their decision and the reasons for it, in a notification to the child and the child’s parent or young person.

The notification MUST include the following:

• contact details for the school or FEI;
• information about how to access impartial information and advice about ALN and the ALN system
• details for the disagreements resolution service
• details of independent advocacy services
• information about the right to request that the local authority re-consider the matter
• contact details for the responsible local authority.(S.13(3)Act)

If you are unhappy or disagree with the decision, the best course of action is to discuss this with the school as soon as you receive the notification. 

• ask or a meeting to raise your concerns.
• the school will explain their decision let you know how they intend to meet your child’s needs through the schools ‘universal provision’ and differentiated teaching
• you can contact SNAP Cymru for support and advice.

Most disagreements  can be resolved at this early stage and be prevented from escalating.

However , Section 26 of the Act gives a child or their parent, or a young person, the right to:

• request that a local authority reconsiders the maintained school’s decision whether a child or young person has, or does not have ALN.

This section provides children and their parents, and young people, with an effective means of challenging the decision of the governing body of a maintained school in Wales.

If requested, the local authority MUST make its own decision on the issue; that decision will then replace the decision of the school.

Before making a decision, the local authority MUST inform the governing body of the request and invite representations from them.

If the local authority decides that the child or young person does not have ALN, they MUST

• Notify the child parent and young person
• provide the decision, and the reasons for the decision
• contact details for the local authority
• information about how to access arrangements for information and advice about ALN and the ALN system
• details of the arrangements for the disagreement resolution  and advocacy services
• information about the right to appeal to the Tribunal against the decision.

The LA has 7 weeks to reconsider the decision.

If the local authority decides the child or young person has ALN and overturns the school decision, they MUST either:

• prepare and maintain an IDP for that child or young person, or
• prepare an IDP and direct the governing body of the school to maintain the plan, or
• direct the school to prepare and maintain an IDP.
• If a school refuses to make a decision on whether a child or young person has ALN this decision can also be reconsidered by the LA

Local Authority reconsideration of a school IDP

If you are unhappy with an IDP (Section 27 of the ACT) you can ask your local authority to reconsider an IDP maintained by the governing body of a maintained school with a view to revising it.

Before deciding whether or not to revise the plan, the local authority MUST  inform the governing body of the request and invite them to submit their views and representations.

Where the local authority decides that the IDP does not require revision it MUST:

• notify the child and their parent, or the young person, of the decision and the reasons for that decision
• give a copy of that notification to the governing body

If the local authority decides to revises an IDP, they MUST:

• give a copy of the revised plan to the governing body
• give a copy to the child, their parent, or young person.

This section provides children, their parents, and young people with an effective means of challenging the content of the IDP put in place for them by the governing body of a maintained school, in the absence of a right of appeal against these bodies (see section 70 which gives rights of appeal relating to local authority actions).

Requesting a local authority to decide whether it should take over responsibility for maintaining a school IDP

A request under section 28 may be made by

• a governing body of a school or FEI – for example where the governing body no longer believes that maintaining the plan and delivering the ALP is within its capability

• A child, a child’s parent or young person can also request that a local – for example where they do not believe the governing body has proven capable of delivering the ALP required by the child or young person.

Where the local authority does decide to take over responsibility for the IDP, the IDP is treated as maintained by the authority.

The decision of the local authority not to take over responsibility for an IDP is challengeable by appeal to the Tribunal under section 70.

• Where the request is from a governing body, the local authority MUST notify the child, their parent, or the young person, and invite representations.
• Where the request is from a child, their parent or a young person, the local authority must inform the governing body and invite representations.

The local authority must notify the governing body, and the child, their parent, or the young person, of the decision and the reasons for that decision. 

Asking a LA to reconsider a decisions to ‘end an IDP’

If a school decides to cease to maintain an IDP (end an IDP) because it believes the child or young person no longer has ALN or, the school MUST:

• notify the child, their parent or the young person of the proposed decision and of any decision made
• The school must also inform them of their right to request a local authority reconsideration of the decision.

If a child, parent or young person is unhappy with this school decision, the law allows them to ask the local authority to reconsider the school decision to cease to maintain an IDP.

The local authority MUST  decide whether the IDP should cease(end).

The local authority MUST tell you and the governing body their decision.

If the local authority decides that the IDP should be maintained the governing body MUST continue to maintain it.

Where the local authority agrees that the IDP should ‘cease to be maintained’, its decision can be appealed to the tribunal.  The LA  MUST notify the child, their parent and young person of the decision, and the reasons for it. The notification must include

• contact details for the local authority;
• information about how to access information and advice about ALN and the ALN system
• details of arrangements for the avoidance and resolution of disagreements and independent advocacy
• information about the right to appeal to the Tribunal against the decision.

The time for brining and appeal must expire before a school can cease to maintain the IDP, they cannot stop the child or Young person’s support before this date.

Requesting a local authority to ‘take over responsibility for maintaining’ a school IDP

A request under section 28 of the ALNET Act may be made by:

• a governing body of a school or FEI – for example where the governing body no longer believes that maintaining the plan and delivering the ALP is within its capability
• A child, a child’s parent or young person can also request that a local – for example where they do not believe the governing body has proven capable of delivering the ALP required by the child or young person.

Where the local authority does decide to take over responsibility for the IDP, the IDP is treated as maintained by the authority.

• Where the request is from a governing body, the local authority MUST notify the child, their parent, or the young person, and invite representations.
• Where the request is from a child, their parent or a young person, the local authority must inform the governing body and invite representations.

The local authority must notify the governing body, and the child, their parent, or the young person, of the decision and the reasons for that decision. 

If the local authority decides not to take over responsibility for an IDP, this decision is challengeable by appeal to the Tribunal (section 70)