Free Resource · Legal Rights · Wales

Your child's legal rights
in Wales.

A plain-language guide to the Additional Learning Needs and Education Tribunal (Wales) Act 2018 — what it means for your child with ADHD, what schools must do, and how to advocate effectively.

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"The ALN Act 2018 represents one of the most significant changes to educational rights for children with additional needs in Wales for a generation. Understanding it is the first step to using it."

The legal framework in Wales: the ALN Act 2018

In Wales, the rights of children with additional learning needs — including ADHD — are governed primarily by the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (the ALN Act), which replaced the previous Special Educational Needs framework and was fully implemented from September 2022.

The ALN Act introduced a new, unified system covering children and young people from 0 to 25, replacing Statements of Special Educational Need (and the old SEN framework) with Individual Development Plans (IDPs). It places a strong emphasis on a person-centred approach, with the child's voice, wishes, and feelings central to all planning.

Does ADHD qualify as an Additional Learning Need (ALN)?

Yes — ADHD can and frequently does constitute an Additional Learning Need under the ALN Act. The Act defines ALN as a learning difficulty or disability that calls for additional learning provision (ALP) that is additional to, or different from, the educational or training provision made generally for others of the same age.

ADHD qualifies where it has a significant impact on the child's ability to learn, to access the curriculum, to regulate their behaviour and emotions in the school context, or to function effectively in the educational environment. The diagnosis itself is not the trigger — the impact is. A child with ADHD may or may not have ALN depending on the level of impact in their specific context.

Key rights under the ALN Act

The right to have ALN identified

Schools have a duty to identify pupils who have, or may have, ALN. If you believe your child has ALN that has not been identified, you can request that the school considers this formally. The school must respond and, if they disagree, must explain why in writing.

The right to an Individual Development Plan (IDP)

Children identified as having ALN must have an IDP. The IDP describes the child's additional learning needs, the additional learning provision to be made, and the outcomes sought. It must be reviewed at least annually. Parents and the child (age appropriately) must be involved in its development and review.

The right to Additional Learning Provision (ALP)

ALP is provision that is additional to, or different from, that made generally for peers. This includes any specially planned programme of action, resources, or support. The school must secure this ALP — it is a legal obligation, not a discretionary offer.

The right to a person-centred approach

The ALN Act places the child at the centre of the process. The child's views, wishes, and feelings must be sought and given due weight. Parents must be engaged as partners, not notified as afterthoughts. Plans must reflect the child's own goals and perspectives.

The right to appeal

If you disagree with decisions about your child's ALN or the provision described in the IDP, you have the right to appeal to the Education Tribunal for Wales (SENTW). Independent advocacy is available through SNAP Cymru to help you navigate this process.

The role of the ALNCo

Every maintained school in Wales must have an Additional Learning Needs Co-ordinator (ALNCo). The ALNCo is responsible for co-ordinating ALN provision across the school, maintaining the school's ALN register, and acting as a point of contact for parents and external agencies. If you are navigating your child's ADHD support in a Welsh school, the ALNCo is your primary contact.

If the school is not responding

If your child's school has not identified ALN despite significant impact, or has not put an IDP in place, or if the IDP does not reflect your child's actual needs, you have options:

Practical tip: When communicating with school about your child's ALN, always follow up verbal conversations with a written email summarising what was discussed and agreed. This creates a record that may be important if escalation becomes necessary. A professionally written school support letter — clinician-authored, legally referenced — can significantly strengthen your position from the outset.

The Equality Act 2010 also applies in Wales

In addition to the ALN Act, the Equality Act 2010 applies in Wales. ADHD may constitute a disability under the Equality Act where it has a substantial and long-term adverse effect on normal day-to-day activities. Where this is the case, the school has a duty to make reasonable adjustments to avoid putting the child at a substantial disadvantage compared to non-disabled pupils. This duty is anticipatory — schools should not wait to be asked.

About this guide Written by Dr John Connolly, Senior Clinical & Health Psychologist. Based on the ALN and Education Tribunal (Wales) Act 2018 and Welsh Government guidance. This guide is for general information and does not constitute legal advice. For independent legal support, contact SNAP Cymru (0808 801 0608) or a solicitor specialising in education law.
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