A new education law came into force in Wales on 1 September 2021.  The Additional Learning Needs and Education Tribunal (Wales) Act 2018 changes how children and young people aged 0-25 years with additional learning needs (ALN) will have their needs assessed, planned and monitored. These changes will be introduced gradually over the next three years. We will be updating our information resources in line with the new changes.

You can read more about the new Act here.

The Special Educational Needs Tribunal for Wales (SENTW) is a legal forum which hears certain disputes that parents and/or children and young people have with their Local Authority (LA).  

Parents/carers of a child with special educational needs (SEN) can appeal to the Tribunal. Children and young people with SEN who disagree with a decision made about their education are also able to appeal. 

Please note this does not cover Disability discrimination in schools in Wales claims, which are also heard by SENTW and the Education Tribunal for Wales. 

SENTW will continue to hear SEN tribunals until everyone has moved to the new ALN system. Any ALN tribunals will be heard by the Education Tribunal for Wales.

Matters which can be appealed at tribunal:

All matters would be open to children and young people 0-25 and their families 

• a decision by a further education institution (FEI) or local authority as to whether the child or young person has ALN 
• in the case of a young person, a decision by a local authority as to whether it is necessary to prepare and maintain an Individual Development Plan (IDP) 
• the description of a person’s ALN in an IDP  
• the additional learning provision (ALP) in an IDP, or the fact that ALP is not in an IDP, including whether the plan specifies that ALP should be provided in Welsh 
• the provision included in an IDP by a local authority under sections 14(6) or 19(4) or the fact that provision under those sections is not in a plan. (This relates to where the reasonable needs of the child or young person cannot be met unless the local authority also secures board and lodging or a place at a particular school or other institution.) 
• the school named in an IDP for the purpose of admitting a child to a named institution or if no school is named in an IDP for the purpose of admission 
• a decision by the local authority not to revise an IDP where the local authority has been asked by a child, child’s parent, or young person to reconsider an IDP maintained by a maintained school 
• a decision to cease to maintain an IDP; and 
• a refusal to decide a matter on the basis that there is no material change in needs or no new information that materially affects the decision

Decisions the tribunal can make

On appeal the tribunal may:

• dismiss the appeal 
• order that a person has, or does not have, ALN of a kind specified in the order  
• order an FEI or local authority to prepare an IDP 
• order an FEI or local authority to revise an IDP as specified in an order 
• order a school, FEI or local authority to continue to maintain an IDP (with or without revisions) 
• order a local authority to take over responsibility for maintaining an IDP 
• order an FEI or a local authority to review an IDP; and  
• remit the case to an FEI or local authority responsible for the matter for it to reconsider whether, having regard to any observations made by the Tribunal and it is necessary for a different decision to be made or different action to be taken.

Appeals to the tribunal

How to appeal 

You need to complete the Appeal Application – Form ETW03 available on the Education Tribunal for Wales (ETW). This explains: 

• making an appeal, including time limits and deadlines
• what information or documents you need to submit
• the procedure once the tribunal receives your appeal 
• case statements
• the appeal hearing
• the tribunal’s decision and timescales

Deadline for appealing

The appeal application must be received in writing by the Tribunal no later than eight weeks of the date of the notice of right to appeal.  This date can be extended by eight weeks if Dispute Resolution is entered into. 

The appeal must specify which section or sections of the individual development plan the appeal relates to and for a placement at a school or other institution, the appeal application must state the name and address of the school or other institution. 

Case statements 

A case statement is an opportunity for you to expand on your reasons for appeal and provide the tribunal with further or new evidence in support. 
 
If you are a parent appealing, it is important that your child’s views are also recorded in the case statement. Similarly, if a child or young person appeals, the views of their parent or carer must be recorded.

The LA’s case statement must contain details of why it is opposing your appeal and evidence it has in support. It provides a summary of facts, what steps it has taken to resolve the disagreement and what your child thinks about the issues. You can find guidance from ETW here ETW04 - Appeal case statement guidance for applicants. 

The appeal hearing 

Your appeal will be heard by a panel of three people, a legally qualified chairperson and two other members who will each have some knowledge and expertise in ALN. 

The tribunal panel will look at your evidence and that of the LA before making a lawful decision on the best way for the dispute to be resolved. 

The tribunal is independent from local and national government and should be accessible to parents and children without legal representation. 
 
Further information on the tribunal process, including witnesses and the hearing itself, can be found in ETWs guide for applicants ETW02.

Arrangements for appeals by children and young people with SEN 

Children and young people in Wales can make their own appeal if they disagree with a decision about their education. Alternatively, they can appoint a ‘advocate’ to make the appeal for them and accompany them to tribunal. You can find more information on the ETW page Children and young people  

What to do if you do not agree with tribunal’s decision 

You can not challenge the decision on the grounds that you disagree with it. However, you can ask the panel to review the decision if you feel there was a technical problem with the decision and how it was made.  
 
You can make an appeal to the Administrative Appeals Chamber of the Upper Tribunal, but you must apply to the tribunal for permission to appeal before doing so.   
 
You have 28 days from the date the decision was issued to ask for a review or permission to appeal to the Upper Tribunal. 
 
Overturning a tribunal decision is rare and difficult, we advise that you seek legal advice from a solicitor specialising in education law if you decide to do this.  
  

What to do if the LA has not implemented the tribunal’s decision 

The tribunal’s decision is legally binding and the LA must follow it. If it does not, you should contact the Public Service Ombudsman for Wales and make a formal complaint.

Useful contacts 

SNAP Cymru can provide support and advice to families with a child with SEN.  
 
The Special Educational Needs Tribunal for Wales (SENTW) 
Civil Legal Advice (CLA)  
 

You can also visit our Autism Services Directory to search for solicitors who specialise in education law.