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ALN Made Simple

Chapter 1 - Introduction

Master MUST/SHOULD/MAY, timescales, and compliant notices.

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Introduction

Master MUST/SHOULD/MAY, timescales, and compliant notices.

12 min read•Updated Jan 2026

Quick summary

Chapter 1 sets the scene for the entire ALN Code. It explains what the Code is for, who must follow it, and how to use it as a practical reference. This deep dive helps you understand the big picture before diving into specific duties.

What's inside this Deep Dive

  • Plain-English overview of what the Code requires
  • Must-implement checklist for immediate compliance
  • Reflection prompts for ALNCo self-audit
  • Leadership guidance for whole-school embedding
  • Case studies showing real-world application

From the overview

The ALN Code for Wales (2021) replaces the previous SEN framework with a unified system designed to be simpler, more person-centred, and rights-based. Chapter 1 introduces the legal status of the Code, explains which bodies must have regard to it, and outlines how the chapters are organised. Understanding this foundation is essential for every ALNCo, as it shapes how you interpret and apply every subsequent chapter. This deep dive breaks down the key concepts, highlights common misconceptions, and provides practical guidance for embedding the Code's principles into your daily practice.

Chapter map (quick jump)

Quick summary (60–90 seconds)

What

Chapter 1 introduces the ALN Code and explains how it fits with the ALN law in Wales. It tells you who is expected to follow the Code, how to interpret the words must / should / may, and sets out practical rules about timescales (deadlines), and how you can give notices/documents (including when you can email them).

Why it matters

A lot of ALN problems start with the basics: someone treats 'should' like it's optional, a deadline is miscounted, or an IDP is emailed without the right consent. Chapter 1 helps you avoid those mistakes.

The big idea

Use Chapter 1 as your operating rules: follow the MUSTs, treat SHOULD as the expected way, and run deadlines and communication in a consistent, accessible way.

Key terms (from the chapter)

  • The Act

    §Glossary extract

    The Additional Learning Needs and Education Tribunal (Wales) Act 2018.

  • The Code / this Code

    §Glossary extract

    The Additional Learning Needs Code.

  • ALN (Additional Learning Needs)

    §Glossary extract

    Learning difficulty/disability calling for ALP; language difference alone doesn't count.

  • ALP (Additional Learning Provision)

    §Glossary extract

    What counts as provision 'additional to, or different from' what's generally made available.

  • IDP (Individual Development Plan)

    §Glossary extract

    Must include ALN description + ALP description + anything else required/authorised.

  • ALNCo

    §Glossary extract

    Designated role under section 60 of the Act.

What this chapter requires in practice

Put the learner at the centre

  • Chapter 1 states that the ALN system places the learner's views, wishes and feelings at the heart of planning support to help them learn effectively and achieve their full potential (para 1.1).
  • In practice: build routines that actively capture and use learner views in planning conversations and documents.

Know who must use the Code (and what 'the school' means)

  • The chapter lists bodies who must have regard to relevant Code guidance (para 1.3), and explains that references to a maintained school or FEI are often shorthand for the governing body, even though staff carry out the work in practice (para 1.34–1.36).
  • In practice: be clear who holds accountability and make sure your processes reflect that.

Read MUST / SHOULD / MAY correctly (this is huge)

  • Must = requirement (with a source footnote in the Code) (para 1.10)
  • Must not = legal prohibition (para 1.11)
  • May = permitted/authorised (para 1.12)
  • Should = statutory guidance you're expected to follow unless you can justify departing, and you should be able to explain why (para 1.13)
  • In practice: train staff to spot these words and treat them differently.

Run deadlines properly — and don't hide behind the final date

  • Chapter 1 explains how timescales work and how to count them (para 1.41–1.44). It also explains 'promptly' and why acting earlier is often desirable (para 1.45–1.47).
  • In practice: use a consistent tracker that calculates correctly and pushes action forward early where possible.

Send notices/documents properly — especially email

  • Chapter 1 allows electronic sending only where the person has indicated willingness and given a suitable electronic address (para 1.72). It also says you should provide information in plain language and preferred formats, considering communication needs (para 1.74).
  • In practice: record consent + preferences, and standardise your delivery methods.

Must implement checklist (non-negotiables)

Non-negotiable requirements
0/5

Key steps to consider (strong practice)

Strong practice guidance
0/5

Reflection questions for ALNCos

Are we actually keeping learner views, wishes and feelings at the centre of planning, or is that just a phrase we say?

  • Review how learner voice is captured in recent IDP meetings
  • Consider whether learner preferences genuinely influence provision decisions

Are we delaying because we're waiting for extra evidence (e.g., diagnosis) even though we could describe ALN and ALP meaningfully now?

  • Audit cases where IDP work has stalled
  • Check if 'waiting for assessment' is being used as a delay tactic

When the Code says 'should', do we treat it as the expected approach unless we can justify otherwise?

  • Review recent decisions where 'should' guidance wasn't followed
  • Check if departures are documented with clear reasoning

If someone challenged us, could we show we 'had regard' to the relevant guidance when making key decisions?

  • Consider what evidence would demonstrate due regard
  • Review decision-making records for explicit Code references

Leading this across the school

Align your setting

  • People: shared, simple understanding of must/should/may and 'have regard' (para 1.10–1.13).
  • Process: one shared method for calculating timescales + a culture of acting 'promptly' (para 1.41–1.47).
  • Documents: a consistent approach to recording email willingness, delivery method, and preferred formats (para 1.72–1.74).
  • Accountability: clarity that many 'school'/'FEI' duties sit with the governing body (para 1.34–1.36).

Watch out for

  • Treating 'should' as optional and having no justification to explain (para 1.13).
  • Miscounting deadlines by including the trigger day or missing the working day extension (para 1.42–1.43).
  • Waiting for diagnosis when meaningful ALN/ALP can already be written (para 1.48).
  • Emailing documents without recorded willingness and a suitable email address (para 1.72).
  • Assuming that if Chapter 1 doesn't cross-reference something, it's not relevant (para 1.76).

3 things to do this term

  • Run a 15-minute staff reset on MUST/SHOULD/MAY + 'have regard' (para 1.10–1.13).
  • Standardise timescale calculations in one tracker everyone uses (para 1.42–1.43).
  • Fix document delivery: consent-to-email recorded + plain language + preferred formats (para 1.72; para 1.74).

Case studies

Professional Standards lens (Wales)

  • How are we ensuring learner views, wishes and feelings actively shape planning (para 1.1)?
  • Where can we remove delay and act 'promptly' to support access and progress (para 1.46)?
  • Are our communications understandable and accessible (para 1.74)?

Extras for staff (ready to use)

Chapter 1: Introduction — Staff Handout

What is Chapter 1 about?

  • Chapter 1 is your 'how to use the Code' guide.
  • It tells you who must follow it, what MUST/SHOULD/MAY really mean, and the practical basics (deadlines + sending documents) that keep ALN work consistent.

MUST / SHOULD / MAY — what they mean

  • MUST = Legal requirement. Non-negotiable.
  • MUST NOT = Legal prohibition.
  • MAY = Permitted/authorised — you can if you want to.
  • SHOULD = Statutory guidance. You're expected to follow it unless you can justify departing — and you should be able to explain why.

Deadlines — the rules

  • Do NOT count the day of the trigger event (para 1.42).
  • If the last day is not a working day, extend to the next working day (para 1.43).
  • Working day = not Sat/Sun/Christmas Day/Good Friday/bank holiday.
  • 'Promptly' means proceed without delay — aim to act earlier than the final date where possible.

Sending documents — the rules

  • Electronic delivery only with recorded willingness + suitable address (para 1.72).
  • Plain language and preferred formats should be considered (para 1.74).
  • Keep a record of when and how documents were given.

Consent and preferences capture (template)

  • "I am willing to receive notifications and documents electronically."
  • Email: ________
  • Preferred format / communication needs: ________

What's not covered in this chapter

This chapter focuses on the foundational framework. The following topics are addressed in other chapters:

  • Detailed step-by-step ALN decision-making processes for specific contexts (only referenced/signposted).
  • Detailed IDP drafting/review/revision processes (only referenced).
  • Detailed appeals process (the chapter notes appeals timescales are different).
  • Detailed data protection procedures (the chapter says you must comply with data protection law but doesn't set out procedures) (para 1.14).
NextChapter 2: The definition of ALN and ALP