Individual development plans
A new education law came into force in Wales on 1st September 2021. The Additional Learning Needs and Education Tribunal (Wales) Act 2018 changes how children and young people aged 0-25 years with additional learning needs (ALN) will have their needs assessed, planned and monitored. These changes will be introduced gradually over the next 3 years. You can read more about the new Act here.
Here, we explain what Individual Development Plans (IDPs)are, which children and young people should receive one, and how you and your child can be involved when they are written and reviewed.
What is an IDP?
An IDP is a document for children and young people with additional learning needs (ALN) which helps teaching staff to plan for your child, teach them, and review their progress.
IDPs will gradually replace the existing IEPs and Statements of Special Needs from January 2022 and this process should be completed by 2024.
The IDP contains a description of a child or young person’s ALN and clearly sets out what is required to meet their needs from education, healthcare services, social services and any other agencies involved in their care and support.
IDPs are legal documents, which means that the local authority must prepare them for eligible children and young people and make sure they receive the support outlined in it.
The IDP should contain details of targets and strategies for a particular pupil, which are different from or additional to those in place for the rest of the group or class. The document must be accessible and understandable to all concerned. It should be agreed, with your involvement and, wherever possible, your child's. It's important for you to be fully involved at this first stage.
Who is eligible for an IDP?
IDPs will be provided to children and young people with additional learning needs (ALN) regardless of the severity or complexity of their needs.
IDPs can be prepared for children and young people from birth up to the age of 25, as long as they are in education, further education (not higher education) or training, and are considered to have ALN .
Timescales for preparing IDP’s
Once a decision has been made by the school, Further Education Institution (FEI) or Local Authority (LA). Where a school or FEI cannot decide that a child has ALN they must refer to the LA to make a decision:
An IDP must be prepared promptly by:
A school within 35 school days
A LA is 12 weeks
A LA reconsidering a schools’ decision 7 weeks
The proposed timescales for IDPs should help ensure that no child or young person with ALN goes for much longer than a whole school term without an IDP being put in place (a school term normally lasting about 13 weeks).
Whoever is responsible for maintaining the plan, school, FEI or LA must ensure the additional learning provision described in an IDP is put into place.
In some cases, it may be possible to give a copy of an IDP at the end of a review meeting.
What should be in an IDP?
The IDP should be a flexible document that will vary in length and complexity depending on the different needs of your child and how their needs develop and change over time.
The Additional Learning Needs Code for Wales 2021 sets out what must be included in the plan in each section as in the following summary:
- Basic information about your child or young person (with their consent) and contact details
- Who has responsibility for maintaining the plan and review date
- One-page profile (contains key information about your child’s personality, gifts and talents; what is important to them and the best way to support them)
- Your child or young person’s additional learning needs (ALN)
- The additional learning provision (ALP), how this will be provided and intended outcomes (and whether it should be provided in Welsh)
- Start date/End/ review date
- Named school/provision
- Record of information used to develop the IDP
- Timeline of key events
- Significant events or information relevant to your child or young person’s needs and planning the necessary provision (and whether it should be provided in Welsh)
- Previous education settings attended (and dates)
- Transition between schools and from school
What if I'm unhappy with the content of the IDP?
You may find that you disagree with some of the content of your child's IDP. If you are unhappy with the details of your child's needs, the educational objectives that have been set, the support that is to be provided or the people providing the support, you can challenge this at the Education Tribunal for Wales (formerly, the Special Educational Needs Tribunal for Wales (SENTW)). The Additional Learning Needs and Education Tribunal (Wales) Act 2018
You may want to discuss your concerns with your child's school or your local authority in the first instance.
Producing/requesting an IDP
The IDP is a legal document, meaning that the local authority must make sure that the child or young person receives the support detailed in their plan.
Schools and local authorities have a duty to involve and support you and your children in decisions about them, including whether they have ALN and the preparation or review of IDPs
When preparing IDPs, local authorities and schools must take the views, wishes and feelings of you and your child into account.
If your child meets the criteria for an IDP, the local authority must prepare one. Before doing so, they must contact you and involve you in the process. They may ask to carry out particular assessments or examinations, such as speech or language tests, to help confirm whether an IDP is needed.
A meeting should be arranged by the school/LA in order to decide whether an IDP is needed. You and your child should be provided with information to enable you and them to participate.
If you feel that your child may be entitled to an IDP and you haven't been contacted by the school or local authority, then contact them to discuss your concerns.
Remember, you know your child better than anyone. If you have any concerns about your child's education, talk to staff at the school.
You can also write to the local authority to ask them to find out whether your child needs an IDP and to request that they carry out particular assessments, such as speech and language tests, if you think this will help with the process. The local authority must reply to you within a certain period of time (this is usually 12 weeks). If they don't, you can appeal to the tribunal.
What if my request for an IDP is refused?
If a school or local authority decide your child does not have ALN they can refuse to give your child an IDP. If they do this then you must be notified of the refusal, their reasons for refusing and the rights you have to challenge the decision.
If your request has been refused and you have not received this information, then contact your local authority to discuss this.
What if my child doesn't meet the criteria?
If your child does not meet the criteria, the local authority can't prepare an IDP for them.
However, your local authority must meet your child's needs (not ALN) even if they don't have an IDP. This should be clarified through further discussion with you and your child to see what support can be put in place to ensure they are able to access learning. If you feel that your child's needs aren't being met, you can take action.
If your local authority has told you that your child does not need additional support, or is proposing to reduce support, you can ask to take part in mediation and/or ask for the decision to be reviewed by an independent advocate.
If you have been told that your child does not meet the criteria for a CSP, you can challenge their decision at the Education Tribunal for Wales (formerly, the Special Educational Needs Tribunal for Wales (SENTW)). You may want to discuss your concerns with your child's school or your local authority in the first instance.
Useful documents and reading
The Additional Learning Needs Code for Wales 2021
The Additional Learning Needs and Education Tribunal (Wales) Act 2018