Statements of special educational Nneeds will gradually be replaced by Individual Development Plans (IDP’s). Most Statements will be transferred to become Individual Development Plans over the next 3 years.
The Welsh Government are hoping that all councils will have completed this process in their area by September 2024.
If your child has a statement and the transition process to an IDP has not started, you will still be protected under the old law.
The council will:
- Continue to arrange the provision as laid out in the statement, such as therapies, individual support, and specialist teaching. The duty to maintain the statement remains with the council and cannot be delegated.
- Carry out an annual review under the SEN arrangements. We will use person centred approaches.
- Make amendments to the statement, if necessary, under the SEN arrangements.
- Consider a parent’s request for a re-assessment under the Education Act 1996 legislation. However, it may be more logical for parents to have the statement transferred to an IDP as this is the aim by 2024.
- Be responsible for naming a school. Where parents or the council want to change the school named in a Statement, before they transition, the EA 1996 legislation will still apply.
- Be responsible for appeal rights. Where a child or parent want to appeal a local authority decision to the SEN Tribunal Wales, the existing appeal rights and time limits still apply.
- Continue to carry out statutory assessments. Whilst the new system is being introduced, the two systems will operate side by side. Children and young people who are currently in the statutory assessment process are referred to as ‘pipeline cases‘. Children who have a ‘pipeline case’ will not move from the SEN system to the ALN system in the first year of implementation.