Following on from our recent webinar about the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (see more here: https://www.sinclairslaw.co.uk...), the act has now come into force.
As part of the transition to the new ALN legislation, the Welsh Government have released a new website in line with the new act - http://www.educationtribunal.gov.wales. The new website houses guidance and information about appeals within the ALN system, and the new regulations relating to claims of disability discrimination. The previous website - https://specialeducationalneed... - will remain open to house information and guidance for users appealing and responding within the SEN system. It will eventually close once the SEN system is fully phased out in 2023.
The Education Tribunal for Wales (ETW) advises the following:
Over the next 3 years, the laws about the education provided to children and young people with learning difficulties or disabilities will change. Each year, a group of school years will move from the Special Educational Needs (SEN) system to the new Additional Learning Needs (ALN) system, until all pupils are on the new system.
However, each 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 plans they have
- If they have a statement of SEN, they are on the Special Educational Needs 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.
If you’re appealing a decision about a child or young person with a statement of SEN, the correct guidance is on the SENTW website.
If you’re appealing a decision about an IDP, an additional learning needs assessment, or making a claim of disability discrimination, the correct guidance is on this website.
The Special Educational Needs Tribunal for Wales (SENTW) has changed its name to the Education Tribunal for Wales (ETW), but it will still handle all cases
The guidance may be reviewed and updated by the Tribunal over the coming months .
If you, a friend or family member has questions about the new system and require legal advice please contact our education team through our contact form: https://www.sinclairslaw.co.uk...