Individual Development Plans

Listening to families.
Understanding the law.
Supporting children.

For children and young people with Additional Learning Needs, an Individual Development Plan, or IDP, can play an important role in making sure the right support is provided.

IDPs are part of the Welsh Additional Learning Needs system and set out a child’s individual learning needs alongside the Additional Learning Provision they require.

Unlike a school-based support plan, an IDP has a legal basis. It is intended to make sure that the support identified for a child is clearly understood and properly provided.

If you feel your child’s needs are not being recognised, the right support is not being provided, or you disagree with a decision about their IDP, you may have the right to challenge that decision.

Who can have an IDP?

The Welsh ALN system applies to children and young people from birth up to the age of 25.

A child or young person may have Additional Learning Needs where they have a learning difficulty or disability which means they require Additional Learning Provision that is additional to, or different from, the provision generally available to others of the same age.

Every child’s circumstances are different. Having a particular diagnosis does not automatically mean that a child is entitled to an IDP. What matters is the impact of their needs on their ability to learn and whether they require additional or different provision as a result.

Who is responsible for an IDP?

An IDP can be maintained either by a school or by the local authority, depending on the circumstances.

For many children attending a maintained school in Wales, the school will initially consider whether the child has ALN and requires an IDP.

In other circumstances, responsibility may sit with the local authority from the outset.

Understanding who is responsible for making decisions about your child’s ALN provision is important, particularly if you disagree with a decision or believe your child’s needs have not been properly considered.

What if the school or local authority refuses an IDP?

If a school decides that your child does not have ALN or does not require an IDP, there are steps you can take to challenge that decision.

School decisions are not usually appealed directly to the Education Tribunal for Wales. In the appropriate circumstances, the matter can be referred to the local authority for reconsideration, and the local authority’s subsequent decision may then carry a right of appeal.

Local authority decisions about an IDP can be challenged through the Education Tribunal for Wales where the statutory right of appeal applies.

We can help you understand the decision that has been made, whether it can be challenged and what evidence may be needed to support your case.

What decisions about an IDP can be challenged?

Depending on the circumstances, you may have the right to challenge decisions including:

• Whether your child has Additional Learning Needs
• Whether an IDP should be prepared and maintained
• The description of your child’s ALN within an IDP
• The Additional Learning Provision specified in the plan
• The school or other educational setting identified
• Whether provision should be delivered through the medium of Welsh
• A decision to cease maintaining an IDP

The precise appeal rights can depend on who made the original decision and whether the IDP is maintained by the school or local authority.

What about Welsh medium education?

For families seeking Welsh medium education, the language in which Additional Learning Provision is delivered can be an important part of the IDP process.

The Welsh ALN framework places specific duties on those making decisions about ALP in relation to the Welsh language. If you believe your child’s need for Welsh medium provision has not been properly considered, we can advise you on your rights and the options available.

How long do I have to appeal?

There are strict time limits for bringing an appeal to the Education Tribunal for Wales.

In many cases, the deadline is eight weeks from the date you receive notice of your right to appeal. There are circumstances in which this period can be extended, including where dispute resolution is being pursued.

If you receive a decision about your child’s IDP that you disagree with, it is important not to leave matters until the deadline is approaching.

If you are unsure whether you can appeal, or how much time you have, we can help you understand your position and what to do next.

What happens when an IDP is reviewed?

An IDP should be reviewed regularly to make sure that it continues to reflect the child’s needs and the support they require.

Your child’s needs may change over time. They may make progress, experience new difficulties or require different support as they move through their education.

A review provides an opportunity to consider whether the IDP remains appropriate and whether changes need to be made to the provision or other information contained within it.

If you disagree with a decision following an IDP review, there may be options available to challenge it.

How can we help?

Navigating the Welsh ALN system can be confusing, particularly when you are trying to understand your child’s rights while also working with their school and local authority.

We can help you understand the decisions being made about your child’s education, review their IDP and supporting evidence, advise on whether the provision identified is appropriate and help you challenge decisions where necessary.

Where an appeal to the Education Tribunal for Wales is appropriate, we can support you through the process, from preparing your case and gathering evidence through to representation at tribunal.

You know your child best. We can help make sure their needs are properly understood, their rights are protected and the right support is put in place.

Get in touch today

What Our Clients Say

Rob Price and his team have been absolutely fantastic throughout the process of securing an EHCP placement for our daughter. Rob really listens, is quick to respond and is always incredibly helpful.

Emye Mcaughtry

Rob Price represented my son Luke in his appeal to remain at his specialist autism college, and I cannot recommend him highly enough. From the outset, Rob was professional, approachable and incredibly efficient. He acted extremely promptly throughout the process, always keeping us informed and ensuring everything was completed on time. His knowledge and expertise gave us confidence during what was a very stressful period. Most importantly, Rob genuinely understood how important the right educational placement was for Luke. Thanks to his hard work and dedication, Luke was able to remain at the college where he is thriving. We are so grateful for everything Rob did for our family. If you are looking for a solicitor who is knowledgeable, compassionate and truly committed to achieving the best outcome, I would not hesitate to recommend Rob Price.

Joanne Withell

I have been using the services of HCB for a number of years now for my daughters educational needs and they have been very supportive and professional. Sophie who has been helping us through my daughters final year at college has been instrumental in my daughters development and progress. Whilst on this occasion we did not require the need to go to tribunal again as that was done with Andrew’s support and expertise. We did require support to enable the right outcome from our LA to finalise everything. This was done and the right outcome was granted. Swiftly and professionally. Thank you Sophie

Emma Hawkings-Byass

We never expected to need legal help for our son’s school placement but found ourselves in the position to need to appeal the EHCP plan for our son. Friends recommended HCB solicitors and I’m so glad they did. The outcome was more than successful and we were supported through every step of the process. All work charged was fair and reasonable and everything was explained to us with care and detail. We dealt with many staff members at the firm and each and everyone of you were polite and supportive it was an absolute pleasure to have had you as our solicitors! Thank you to Caitlyn who took our case on as things heated up you were incredible and your advice was exactly what we needed to finish the case. I wouldn’t hesitate to recommend this team if you are looking for help with your children’s EHCP.

Yasmin

Robert and Maria helped with an issue regarding my daughter and her school. Very helpful, informative and responded quickly to queries, excellent service. I cannot thank them enough for all the hard work and effort that went into this case. Highly recommend to any one that needs advice/representation with education issues. They are both a credit to the company.

Donna

Great support provided by Robert Slade and Maria Racz-Makany, helping my daughter through a difficult situation and investigation at University. Thanks to high quality work and support, and a rapid turnaround, clarity was brought to the situation and the correct outcome achieved for my daughter. We are very grateful to HCB for their great work and support.

Graham Morris

Laura Carr has been my rock whilst I was so low and did not physically or mentally have the energy to fight anymore. I was not only kept up to date with everything that was happening or about to happen, she also knew her job inside and out and was professional and efficient throughout. My son is now at the school that can 100% meet his needs and I would recommend to anyone having difficulties with their SEN Child to contact Education Law Advice.

Elin Bowen

I cannot thank Robert Slade and his team Maria and Helen for their fantastic work on behalf of my son's univeristy complaint regarding his health issues at the time of his assessment and what we felt was discriminatory practice by the university. The complaint was upheld! and I firmly believe this would not have happened without the expert evidence provided by this legal team. We are so gratefull that we used this team and cannot give higher recomendations.

Michelle Jeanne Moore

HCB Solicitors have been assisting and representing us for the past 6-7 months. It is hard to find words to do them justice (no pun intended) - they have been exceptional. Not only are they highly specialist, knowledgeable, and reliable, but they also truly care. In the same way that a compassionate medical professional makes all the difference, so does having a legal professional who cares. Thirty seconds into speaking with Mark Glen for the first time, I could tell that he knew exactly what position we were in, how it felt to be in it, and how best to deal with it. You cannot ask for better than that. Mark and Grace fought tirelessly for our child's legal rights, and our child will continue to grow up knowing we couldn't have done it without them and the team at HCB.

Laura J

We instructed HCB Solicitors for our son’s SEND Tribunal appeal and were extremely impressed with the service provided by Ed Duff and Grace Stork. Due to an unexpected issue with our previous legal representation at a different firm, Ed took over the case at very short notice. Despite this, he immediately grasped the detail, understood our son’s profile with real insight, and took full command of the case without missing a beat. At the hearing, Ed was exceptional. He handled the Local Authority’s behaviour calmly and professionally, dismantled their evidence with precision, and presented our case in a clear, strategic and highly effective way. His advocacy was confident, measured and persuasive, and it directly secured the specialist placement our son needs. It was clear he had understood not just the legal issues, but our son as a whole child. Grace’s support throughout the process was also excellent. She kept everything organised, communicated clearly, and ensured that all documentation was handled smoothly, which made a stressful process far more manageable. We are incredibly grateful for the work Ed and Grace did for our family. Their professionalism, expertise and commitment made all the difference. We would not hesitate to recommend them to any parent navigating the SEND system.

Helen Heath-Anthony

***** EXCEPTIONAL EDUCATIONAL SOLICITORS ***** I received outstanding service from Robert and his team Helen & Maria at HCB solicitors, Cardiff in helping to hold my 16 year old son's college accountable when they failed to identify his declared disability, costing him a year of his education. They successfully secured an out of court settlement, resulting in the college both paying compensation and issuing an apology for my son's suffering. Robert was mindful of my son's lack of income to fund legal advice and kept costs to a minimum without compromising the strength of his case. Helen and Maria were fantastic in keeping me updated and actioning anything needed when Robert was not available. That was particularly important given the strict time limitations on educational claims. I would not hesitate to recommend them to families and students in a similar situation and I am delighted we chose HCB solicitors to represent us.

Selina Phillips

I want to say a huge thank you to Andrew Barrowclough and Stephanie Jones. After trying to navigate the EHCP appeals process myself to get the right support for my daughter, I reached out to HCB when the process had become extremely stressful and I knew I needed their expertise. From the moment they became involved, they were professional, knowledgeable and understanding. They took the time to explain everything, guided me through the process and handled everything with such care and confidence. They ultimately secured a place for my daughter at the school that can properly meet her complex needs, and I genuinely cannot thank them enough. If you are a parent navigating the EHCP appeals process and fighting for the right support for your child, I would highly recommend Andrew and his team.

Hannah Buckland

EHCP representation: I approached the firm with need for representation for help with educational proceedings, the firm was amazing, the way they approached myself with kindness and open arms, was something I truly did not expect. We were represented by Stephanie Jones - Stephanie showed excellent time keeping, her attention to detail and pure compassion was astounding, she was on the case rapidly. I dealt at the time with a bereavement, while this was my burden to carry Stephanie knew how to extract information she needed from myself in a sensitive manner, she captured all the details in tight deadlines and Stephanie would consistently chase the Local Authority. And yes we did win and settled before we even got to tribunal, securing a independent SEN placement. The admin staff and Mollie the other solicitor were also a wonderful group of staff, but also lovely mention to alexander the assistant to Stephanie, I had burst in to tears on the phone and he quickly guided the best course and liaised with Stephanie, the kindness of the tone on the phone is something I will never forget. Stephanie rapidly emailed me shortly after. Stephanie and Alexander went above and beyond and helped prop a mother up who was dealing with the loss of a parent, I hope when I qualify as a solicitor I display the same integrity as this firm.

Kelly Clements

With the help of Saskia and the team we were able to win our case against the LA a few days ahead of the hearing date. This would not have been possible without their knowledge, expertise and professionalism displayed. We are truly thankful for the provision we now have in place for our son and his future. I would highly recommend to anyone needing a solicitor for SEN educational / EHCP help.

Hollie Bannister

We came to HCB through a personal recommendation. Rob Price , Saskia, and Mari were exceptional throughout. What stood out immediately was that they genuinely cared and that this wasn't just a case to them. Rob's own personal experience lent an authenticity and empathy to his approach that was reassuring during what is an incredibly stressful process. From a practical standpoint, they were transparent and professional at every stage. Their fee estimate clearly set out a lower and upper range, with honest guidance that tribunal proceedings would likely reach the upper level. In our case it did go to tribunal, and whilst we paid the upper estimate, the final cost did not exceed what had originally been outlined. The charging model was clear and easy to understand, and time accounting was shared with us regularly so we always knew where we stood. Crucially, they took the stress & emotions of correspondence and case management off our shoulders entirely, which had begun to wear us down. Their network of experienced professionals is a significant asset. The assessment and report produced for the Tribunal was thorough, tribunal-ready, and drew on triangulated evidence and data. The EP recommended by Rob was Rob, Mari and Saskia acted with integrity throughout, working hard to settle as many matters as possible ahead of tribunal to minimize costs. Where tribunal was unavoidable, their model of retaining representation in-house was invaluable. There was no handoff to a separate barrister, meaning Rob was already fully familiar with the detail of our case. At the tribunal, Rob was measured, calm, and authoritative. He let the evidence and the professionals speak, intervening precisely when needed and never over explaining. His significant experience with the tribunal process, its workings and its panel was evident, and we have no doubt that his ability to read and adapt to the panel contributed meaningfully to the outcome. Based on the evidence submitted and heard during the Tribunal, the panel sided with our case and our kid is now attending the right school for them, based on their needs. This is without doubt the most influential and life changing decision for our kid and our family. We highly recommend Rob and his team and if you find yourself in the unfortunate position of facing a tribunal process, trust the team, let them do what they do, and you will be in the very best of hands.

Kathryn Lee

We had Ed Duff lead our ECHP challenge when the local authority tried to suggest ordinary available provision (which we'd tried) was suitable for our then 7yr old neurodiverse son. Ed and the team are excellent, and exceptionally experienced at handling such complex matters on behalf of their clients. Ed ensured he kept us informed at all points, and is great at demystifying this opaque EHCP system. Cannot recommend highly enough.

Nicholas Casey

I cannot thank Rob Price and his team enough for all of their help and support with progressing Annabelle’s EHCP appeal. Thanks to their hard work and expertise, the outcome was successful and Annabelle now has our preferred secondary school named in Section I of her EHCP. Throughout the entire process, Rob was extremely professional, knowledgeable and efficient. He always acted quickly on anything that needed to be done and was incredibly responsive throughout what can be a very stressful process for families. Whenever we spoke on the phone, it was very clear that he really knew his field inside out. He gave excellent advice, explained things clearly and always made me feel reassured and supported. Having Rob and his team involved made the whole process far less overwhelming than it otherwise would have been. I would absolutely recommend Rob and his team to anyone needing support with SEND or EHCP matters, and I would not hesitate to use them again in the future if needed.

Rebecca