Additional Learning Needs and A Shift Towards Universal Provision in Wales

Research brief.pdf (senedd.wales)

A recent research brief published by the Senedd Cymru has highlighted the unforeseen consequences that have arisen due to the implementation of the Additional Learning Needs (ALN) Code for Wales 2021, which is currently being rolled out across Wales. The new ALN Code, which is expected to be fully implemented by August 2025, has led to a substantial decrease in the number of learners identified with Additional Learning Needs in Wales—an outcome that was not anticipated by the Welsh Government when the bill was originally passed in 2017.

The new ALN code being implemented across Wales replaces the previous Special Educational Needs (SEN) system throughout the Welsh Education system. Under the SEN system, children and young people with identified special educational needs received a ‘Statement of SEN’ which outlined their needs and the specialist provision that they required in order to support their education and learning needs.  As mentioned, Wales is in the process of moving away from the descriptor of ‘Special Educational Needs’ and instead learners are described to have ‘Additional Learning Needs’. The ALN and Education Tribunal (Wales) Act 2018 definition of ALN is essentially the same as that of SEN, whereby learners:

• have a significantly greater difficulty in learning than the majority of others of the same age; or
• a disability (for the purposes of the Equality Act 2010) which prevents or hinders them accessing education or training that is generally provided for others of the same age; and
• the learning difficulty or disability calls for ALP.

The final point of the definition is significant as, if a learning difficulty can be addressed through universal, or ordinarily available provision and does not require ALP, then the learner will not be considered to have ALN. The inclusion of this final point in the definition of ALN under the new Act has had a significant impact on the amount of learners now being identified as having ALN and has alarmingly resulted in a shift towards universal provision in Wales.

During the passage of the ALN bill in 2017, the Welsh Government estimated that there would be approximately 110,000 school-aged pupils requiring Individual Development Plans (IDPs), mirroring the number of students identified with SEN at the time. However, recent data from the school census has revealed that only around 63,000 pupils were identified with ALN in 2022/23. This represents a significant decline compared to the 93,000 pupils with identified ALN in 2021/22, prompting questions about the reasons behind this notable reduction in numbers.

The Senedd's Children, Young People and Education (CYPE) committee has suggested that the decrease may be attributed to a reduction in the identification of those with relatively low-level SEN/ALN. They clarified that this does not imply that learners with severe or complex needs are no longer being recognised as having ALN/SEN. However, for young people with less severe ALN/SEN (while acknowledging that less severe additional learning needs are still additional learning needs) there seems to have been a shift towards universal provision to meet the needs of these children. Learners in Wales are therefore missing out on provision they would have been entitled to under the previous legislation as Wales adopt a ‘one size fits all’ approach to provision for those learners with less severe ALN. The question has ultimately been raised that the introduction of the ALN code may have raised the threshold of identifying needs for Education Provision to a higher than necessary level.

Estyn, the independent responsible for inspecting and advising on the quality and standards in education and training in Wales, published the first of two reports in September 2023 following a request from the Welsh Government to review the ALN reform implementation. Estyn’s report builds on concerns raised by the Senedd as they found that the ALN reform implementation has led to inconsistencies in how terms such as ‘specialist’ are understood and applied. Additionally, Estyn identified a lack of clarity and transparency regarding which Individual Development Plans (IDPs) will be managed by local authorities rather than schools. The ALN Code expects local authorities to publish a set of principles outlining how they will apply the legal parameters on where responsibility should lie. However, not all local authorities have done so, resulting in further confusion among parents and schools.

If your child has additional learning needs that are not being met by their Local Authority or school, please contact our specialist SEN/ALN solicitors today. Our education law team has a wealth of experience assisting with SEN/ALN matters and would be pleased to assist you in challenging the Local Authority. We offer a free initial consultation to discuss the best way to challenge the decision and how we might be able to assist you with this. If you would like discuss your matter with one of our SEND lawyers, please contact us on 0333 202 7175 or education@hcbgroup.com.