Additional Learning Needs

The Local Authority (LA), a part of the Council, has a general duty to make arrangements for the education of children with additional learning needs. Although a child’s needs can usually be met by the school without the LA’s involvement, sometimes the LA will issue a statement of additional learning needs.

We may investigate complaints from parents that the LA failed to provide for their child’s additional learning needs.

We can:

• look at any delay in carrying out an assessment of a child’s additional learning needs, or in providing a statement of those needs;
• look at whether the LA has followed the rules regarding the assessment of needs and, if necessary, the issuing of a statement;
• assess whether there was a delay or failure in providing support in line with the statement.

We cannot:

• undertake our own assessment of a child’s needs;
• compel the LA to provide a statement of additional learning needs if the LA does not consider one to be necessary;
• tell the LA what it should put in a statement.

If the LA refuses to arrange an assessment of your child’s additional learning needs, or subsequently refuses to make a statement, you can appeal to the Educational Tribunal for Wales. You can also appeal to the Tribunal if you are not happy with what the LEA has put in a statement. We will therefore not look at any part of your complaint which concerns these matters.

If we uphold (agree with) your complaint, we may make recommendations to the LA about what it should do. This may include recommending that the LA make a payment to you to enable you to pay privately for additional help for your child.

The Additional Learning Needs Code for  Wales, and other useful information, can be found in the education section of the Welsh Assembly Government website –www.wales.gov.uk

Information, advice and support may be obtained from Snap Cymru – www.snapcymru.org or your local LA.

For further information about the Educational Tribunal for Wales see their website:  https://educationtribunal.gov.wales/ or contact their helpline on 0300 025 9800.

The Third Sector Additional Needs Alliance (TSANA), which is facilitated by Children in Wales, has training and resources available on its website: Children in Wales | Third Sector Additional Needs Alliance (TSANA)

If you are not sure whether we would be able to look into your complaint, please contact us on 0300 790 0203.

Also available in Welsh.