Additional Learning Needs

Our key call for change:

• Effective implementation of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 so that every child in Wales is granted appropriate support to meet their additional learning needs

Background information and introduction to our work

Additional Learning Needs and Education Tribunal (Wales) Act 2018 has been developed to support children with additional needs in education and resulted in the development of the Additional Learning Needs System for children and young people aged 0-25 years. The Act was passed in 2018, the ALN system began implementation in September 2021 and the ALN code (2021) was published in 2021.

The ALN legislation places duties on local authorities and NHS bodies to have regard to the UNCRC. Participation of children is also an essential part of the rights approach set out in Section 6 of the Act.  The Code sets out a child rights approach and refers to the principles in the Children’s Commissioner for Wales, The Right Way.

The ALN legislation says that a ‘child’ is an individual under compulsory school age (16 years), while a ‘young person’ is someone aged between 16 and 25 over compulsory school age.

The implementation of the ALN legislation was phased in over 3 years meaning both the old Special Educational Needs (SEN) and current ALN systems operated alongside each other until September 2025 when the new ALN system was considered fully implemented. 

The legislation, which established the new system, keeps the same definition for ALN as for SEN, which applies where a child (See Section 2 of the Legislation):

• has a significantly greater difficulty in learning than the majority of others of the same age (that can’t be addressed solely through differentiated teaching), or
• a disability (for the purposes of the Equality Act 2010) which prevents or hinders them accessing education or training generally provided for others of the same age, and
• the learning difficulty or disability calls for Additional Learning Provision (ALP).

All learners with ALN who have moved to the new system are entitled to a statutory Individual Development Plan (IDP).

The Welsh Government has published a toolkit to help parents and carers understand the additional learning needs (ALN) system in Wales and the support available for children and young people: Additional learning needs (ALN): parent and carers toolkit

They have also published guidance to help schools and local authorities understand their duties under the additional learning needs (ALN) system in Wales.

The 6th Senedd Children and Young People and Education Committee have shared concerns and recommendations in relation to ALN in two Inquiries, you can access information here:

Implementation of education reforms (senedd.wales)

Do disabled children and young people have equal access to education and childcare? (senedd.wales)

CLCW is currently working with legal and third sector partners to share and learn from what is happening in practice, with the implementation of the Act. From this evidence base, we are considering opportunities for strategic litigation and policy advocacy (See our Policy Briefings 2024 and 2026) to support positive changes for children.

CLCW also refers parents/carers and children to our respected legal partners if there is evidence of children experiencing a breach of their legal rights as protected by the legislation.

We also deliver a Legal Spotlight series, with legal experts delivering lunch and learn sessions on the law in relation to ALN and also bespoke training sessions for parents and other professionals. Please get in touch to find out more.

Our legal partners support us pro bono, so we are very grateful for their support, most recently, we are very grateful to Ffion Davies from Geldards, who has published a bilingual guide below.  

SNAP Cymru offers free and independent information, advice and support to help get the right education for children and young people with all kinds of special educational needs (SEN) /additional learning needs (ALN) and disabilities.