Additional Learning Needs (ALN) judgment
An interesting Judicial Review judgment[1] concerning an ALN assessment of a young adult who attended a specialist school in Cardiff. The assessment (under section 140 of the Learning Skills Act 2000) recommended that he have funding for a two-year Foundation Learning course, to enable him to progress from pre-entry level to entry levels and to ‘develop higher levels of independence’. The Welsh Government agreed to fund the placement and the young man made good progress.
An application was then made for him to have further funding to enable him to enrol on a ‘Skills for Life Programme’. The Welsh Government refused on the basis that its policy was only to fund further education over two years in ‘exceptional circumstances’ (even though the relevant legislation imposed no such restriction).
The High Court held that the policy amounted to unlawful discrimination and fettered the Government’s discretion ‘elevating guidance in the policy to criteria which must be met’ (para 62).
A copy of the judgment can be accessed by clicking here and a copy of a commentary by the Local Government Lawyer can be accessed by clicking here.
[1] R (James Humphries and another) v. Welsh Minisgters and Cardiff City Council and another [2025] EWHC 2196 (Admin).
Photograph of ‘ Llyn-y-Dywarchen’ by Richard Jones -@lluniaurich
Posted 6 November 2025