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 with additional learning needs (ALN) will have their needs assessed, planned and monitored. The purpose of the annual review is to make sure that at least once a year parents, the pupil, local authority (LA), school and all the professionals involved review the provision set out in an Individual Development Plan (IDP). An early review may be called in certain circumstances such as when a child’s needs have changed rapidly or when a school identifies a pupil is at risk of being excluded. As a parent, an annual review is an important opportunity for you to share your views and negotiate changes to your child’s IDP, whether or not you would like to change your child's school.
The review is to make sure that at least once a year you and your child meet with the local authority (LA), the school and all the professionals involved in your child’s education, health and care. This is an opportunity to:
There are four steps to the annual review process
1. Collection of information
2. Annual Review Meeting
3. Headteacher's report of the meeting
4. LA reviews the IDP
1. Collection of information
The LA must review your child’s Individual Development Plan (IDP) at least annually. Before the review, the headteacher seeks written advice from parents, the pupil (if appropriate) and professionals. They would then arrange the review meeting and prepare a review report. The headteacher must invite the parent of the child, the child (if appropriate), the relevant teacher and the LA officer to the meeting. The LA Educational Psychologist, a representative from health or social services or any other relevant professionals should also be invited. In the year of transfer, the Additional Learning Needs Coordinator (ALNCo) from the secondary school the child will be attending should also be invited. The written reports must be distributed to those attending at least two weeks prior to the meeting.
2. Annual Review Meeting
The review meeting normally takes place at your child’s school. It is usually chaired by the headteacher or a nominated representative. As a parent you can take a friend, an advisor from 'Kolourful Unique' or an independent parental supporter with you to the meeting to give you support and take notes on your behalf. Make sure you tell the headteacher in advance that this person will be attending.
Resolving differences in Wales
At the meeting the following points should be considered:
In light of the above discussion points, recommendations need to be made on:
At the end of the meeting, the headteacher should explain what happens next. They should make it absolutely clear that although the meeting can agree recommendations, the LA will make the final decision with regards to any changes (if any) that will be made to the IDP.
3. Headteacher’s report of the meeting
Following the meeting, the school must prepare and send a report of the meeting to the local authority and to everyone invited. This should be sent out within two weeks of the meeting date. The report must set out any changes that have been suggested, including where there may be a difference of opinion amongst those who attended the meeting about what those changes might be.
4. Local authority reviews the plan
The actual review happens at the end of the process. The local authority/setting, (depending on who prepared the IDP) reviews your child’s IDP in light of the report. They then must decide whether to keep the IDP as it is, change the IDP or cease to maintain the IDP. The local authority must issue an amended final IDP within seven weeks, a school or Further Education Institution (FEI)with 35 school/term time days of sending the proposed changes to you. Once the amended plan is issued, they must advise you of your right to appeal against the content of the plan to the Education Tribunal for Wales. If they decide not to make any changes to the plan following a review, you will also have the right to appeal to the Education Tribunal for Wales.
The move between primary and secondary should be considered in the year prior to transfer, ie at the Year 5 review. Clear recommendations as to the type of school your child will require at secondary stage should be given. It will then be possible for you to visit all proposed provisions and consider the options carefully.
Choosing a school Wales
The LA has to consider parents' preference but can still name a school they think can meet your child's needs. Your child's IDP then needs to be amended by 15 February in the year of the transfer, ie Year 6. When the IDP is amended to name a school, parents will be given the right to appeal to the Education Tribunal for Wales.
The Annual Review that occurs in year 9 and subsequent years is similar to that of previous years but with one major difference; the focus is on the young person’s needs as they move into further education, training or employment after the age of 16. The headteacher must invite Social Services and any health professional already involved with the child. They must also invite a representative from the LA youth or employment service. Parents too have to be invited and where possible the young person’s view must be sought. Where young people can give their views directly, the ALN Code encourages their attendance. In addition to considering all the same issues as other review meetings, the following points must be looked at:
As for all annual reviews, the headteacher must write a report but also produce a Transition Plan in consultation with Careers Wales.
Reviews after Year 9
The school remains responsible for organising annual review meetings until the young person leaves school. Some pupils will remain in school after the age of 16. LAs remain responsible for such pupils until the age of 19. Reviews after Year 9 will continue to review the IDP and the transition plan and decide whether any amendments need to be made. A representative from Careers Wales should attend all subsequent reviews, particularly in Year 11. Any professionals who know the young person well should also be involved. In the young person's final year of school, an assessment should take place to identify their needs on leaving school. Where post 16 provision has been identified, the headteacher should invite a representative from that provision to the review.
If you need any help regarding Annual Reviews, feel free to contact 'Kolourful Unique' We are more than happy to help!
'Kolourful Unique' team