Education and additional needs

Councils in Wales handle school admissions for community and voluntary controlled schools, additional learning needs (ALN), learner travel, exclusion appeals, and education for children who cannot go to school. Schools are run by their governing bodies. For foundation and voluntary aided schools, the governing body is the admission authority.

Getting urgent help

Childline

For anyone under 19 in the UK, about anything. Free and confidential. Source: Childline

Telephone: 0800 1111 (24 hours a day, 7 days a week)

More information about Childline

Meic

Free, confidential information, advice and advocacy for children and young people aged 25 and under in Wales, in Welsh or English. You can also text 07943 114 449. Source: Meic

Telephone: 0808 802 3456 (8am to midnight, 7 days a week)

More information about Meic

SNAP Cymru

Advice about additional learning needs, admissions, exclusions and disability discrimination, through its SNAP Connect triage line. Source: SNAP Cymru

Telephone: 029 2002 8466 (Monday to Friday, 9.30am to 4.30pm)

More information about SNAP Cymru

Your rights

Applying for a school place

For community and voluntary controlled schools you apply through the council. For foundation and voluntary aided schools, contact the school’s governing body, which sets its own admission arrangements. Source: Applying for a school place

Appealing if your child is refused a place

You have a right of appeal to an independent appeal panel, except for nursery places. You must be allowed at least 10 working days from the refusal to prepare and submit your appeal, and at least 10 working days’ notice of the hearing. Appeals must normally be heard within 30 school days. Source: Appealing if your child is refused a place

Having additional learning needs identified

A school must decide whether a child has ALN, and tell you, within 35 school days. Where the council is deciding, it must do so within 12 weeks. A college has 35 term-time days. If a child or young person has ALN, they should have an individual development plan (IDP). Source: Having additional learning needs identified

If you disagree about ALN

You can ask the council to reconsider a school’s decision, or if the school refused to make one. Every council must provide free, independent disagreement resolution, and must arrange independent advocacy for children and young people. Source: If you disagree about ALN

Appealing to the Education Tribunal for Wales

You may be able to appeal an ALN decision to the Education Tribunal for Wales. The tribunal must receive your appeal and case statement within 8 weeks of the council’s decision letter. If you use disagreement resolution first, the time limit is extended to 16 weeks. You cannot appeal against a school directly. Source: Appealing to the Education Tribunal for Wales

Free school transport, and exclusions

Councils must provide free transport for primary learners who live 2 miles or more, and secondary learners 3 miles or more, from their nearest suitable school. If your child is permanently excluded, you have 15 school days from the discipline committee’s decision to appeal, and the panel must meet within 15 school days of that. Source: Free school transport, and exclusions

How to complain

1. Complain to the school first

   Every governing body must have a complaints procedure. It normally runs from an informal stage with school staff, to a formal stage with the headteacher, to a governing body complaints committee, which should write to you within 10 school days of its decision. Welsh Government says these timescales are suggested, not mandatory. Source: Complain to the school first

2. Check whether another route applies

   The school complaints procedure does not cover admissions, exclusions, additional learning needs provision or school organisation proposals. Those have their own appeal routes. Source: Check whether another route applies

3. For learner travel, follow the three steps

   Welsh Government guidance says complaints go first to the council’s transport department, then to its complaints officer or monitoring officer, and then to the Public Services Ombudsman for Wales. Source: For learner travel, follow the three steps

4. Then go to the Ombudsman

   Complain to the Ombudsman within a year of knowing about the issue. It expects you to have complained to the council first and given it about 12 weeks to reply. Source: Then go to the Ombudsman

   Time limit: Within 1 year; allow the council about 12 weeks

If you are still unhappy

Education Tribunal for Wales

Decides appeals about additional learning needs and claims of disability discrimination in schools in Wales. It was formerly the Special Educational Needs Tribunal for Wales. Source: Education Tribunal for Wales

When: After the council’s final ALN decision.

Time limit: 8 weeks, or 16 weeks if you used disagreement resolution

Public Services Ombudsman for Wales

Can look at whether an admission appeal panel or an exclusion appeal panel followed the correct procedure, and at council failures such as not providing alternative education promptly. It cannot overturn a panel’s decision, or look at teaching, conduct, curriculum, internal organisation, management or discipline in a school. Source: Public Services Ombudsman for Wales

When: After you have complained to the council.

Time limit: Normally within 1 year of knowing about the issue

Telephone: 0300 790 0203

Estyn

Inspects schools and council education services. It does not investigate complaints about individual schools, and asks you to use the school’s complaints procedure and then the council’s director of education. Source: Estyn

When: To report a concern about standards, after the school and council routes.

Telephone: 029 2044 6446

Children’s Commissioner for Wales

A free, confidential advice line for children and young people, and for adults who care for them, if they feel a child has been treated unfairly. Source: Children’s Commissioner for Wales

When: At any point, including for help understanding your options.

Telephone: 0808 801 1000

Free, independent advice

SNAP Cymru

Impartial information, advice, disagreement resolution and advocacy for children, young people and parents throughout Wales. Source: SNAP Cymru

Telephone: 029 2002 8466

Independent ALN advocacy from your council

Councils must arrange independent advocacy for children and young people about additional learning needs. There is no cost to you. Source: Independent ALN advocacy from your council

Meic

Advice and advocacy for children and young people aged 25 and under in Wales. Source: Meic

Telephone: 0808 802 3456

Advicelink Cymru (Citizens Advice)

Free advice, including on education and discrimination. Source: Advicelink Cymru (Citizens Advice)

Telephone: 0800 702 2020