What Is a Case Friend in the Education Tribunal for Wales?

Published 21 July 2026

A case friend is someone who can help a child who lacks capacity exercise their rights in the Welsh Additional Learning Needs system.

That sounds simple, but the topic is sensitive.

Many parents and carers have spent years learning how their disabled child communicates distress, comfort, trust, refusal, preference and choice. Families may understand a child’s wishes in ways that are not obvious to a school, local authority, professional or Tribunal.

That knowledge matters.

Welsh Government’s Parent and Carer Toolkit tells parents: “You know your child best” [2].

The same toolkit says the ALN system should be rights-based, with the wishes and feelings of children, young people and parents central to planning and decision-making [2].

So a case friend should not be understood as a routine way to replace parents or carers.

A case friend is not just any helpful adult.

A case friend is not automatically needed in every ALN disagreement.

A case friend is not the same as a parent or carer speaking up for their child.

A case friend is not a routine extra step that parents must go through before trying to make sure their child can access education.

A case friend is a specific safeguard for a specific situation: where a child lacks capacity to understand ALN information, ALN documents, or what it means to use rights under the ALN system.

This article explains what a case friend is, when one may be needed, why most families will not need one, how independence works, and why the role needs careful handling.

This article is written for families in Wales. It provides general information only. It is not legal advice, and it does not replace advice from a qualified legal, advocacy, education or safeguarding professional where that is needed. The underlying legal framework includes the Additional Learning Needs and Education Tribunal (Wales) Act 2018, the Additional Learning Needs Code for Wales 2021, and Education Tribunal for Wales guidance [7], [8], [3].

Why this topic needs care

The idea of a case friend can feel worrying for families.

Some parents may hear the phrase and wonder whether it means someone outside the family can override what parents believe is best for their child.

Some disabled children and young people may worry that adults will speak over them, rather than with them.

Those concerns should not be dismissed.

Families often know the child’s communication, distress, preferences, routines, trust signals and wishes better than any outsider. That lived knowledge can be especially important where a child does not communicate in a typical way, masks distress, becomes overwhelmed, or expresses refusal, fear or preference through behaviour rather than words.

At the same time, there may be exceptional situations where a child lacks capacity to use their own ALN rights and the usual parent route is not enough.

For example, a parent may be seriously unwell, incapacitated, unavailable, unable to manage the formal process, or overwhelmed by crisis. A child may be looked after. There may be a conflict or safeguarding issue. Or the child’s own rights may need separate protection.

In those circumstances, a case friend may be a reassurance rather than a threat.

The key point is this:

A case friend is not an ordinary procedural hurdle for families. It is a formal safeguard for a narrower situation where a child lacks capacity and someone may need formal authority to act for the child’s benefit.

Quick answer

A case friend can support a child who lacks capacity in the Welsh ALN system.

The Education Tribunal for Wales explains that case friends can support children who lack capacity, help them exercise their rights, or act on their behalf [1].

For Tribunal purposes, the case friend role is specifically about children who lack capacity in the ALN system [1], [3].

That means a case friend is not automatically needed just because:

a child has ALN;
a parent disagrees with school;
an IDP is weak;
ALP is missing;
the family is thinking about Tribunal;
the child needs help expressing their views.

For most families, the usual route will be parent or carer advocacy first, with the child’s views gathered properly and independent advocacy considered where needed.

A case friend becomes relevant where the child lacks capacity, and someone needs formal authority to exercise the child’s own ALN rights on their behalf.

Is a case friend needed in most ALN disagreements?

No.

In most ALN disagreements, a parent or carer will usually speak up for the child through the ordinary parent route.

That might include:

asking questions;
sharing evidence;
requesting an IDP review;
asking the local authority to reconsider a school decision;
using disagreement resolution where useful;
seeking advice;
bringing an appeal where the parent has their own right to do so.

Welsh Government’s parent rights guide says children, their parents and young people can challenge decisions about ALN if they disagree with them [4].

Welsh Government’s Parent and Carer Toolkit says children, their parents and young people can appeal some decisions made by their local authority or college [2].

A case friend is different.

A case friend is not needed simply because a parent is advocating strongly for their child.

A case friend is only relevant where the child lacks capacity to understand ALN information, ALN documents, or what it means to use their rights under the ALN system, and someone needs to be formally appointed to exercise the child’s own rights on their behalf [1], [3].

So for most families, the practical route will not be:

Apply for a case friend.

It will usually be:

Parent or carer advocacy first, the child’s views gathered properly, advocacy considered where needed, and Tribunal only where the disagreement cannot be resolved.

Why does the case friend role exist?

The case friend role exists because children have rights in the Welsh ALN system.

Some children can understand those rights and use them with support.

Some children cannot.

Most of the time, parents and carers are the people who know the child best and can explain the child’s needs, communication, distress, preferences and wishes. That should not be dismissed.

But there may be exceptional situations where a child lacks capacity to use their own ALN rights, and the usual parent route is not available or not enough.

ETW9 says case friends are particularly important where a child who lacks capacity needs to bring an appeal in their own name, for example where they do not have a parent who is willing or able to pursue dispute resolution or bring a case to the Tribunal for the child [3].

That is a much narrower situation than ordinary parent advocacy.

The role is best understood as a safeguard.

It is there to stop a child who lacks capacity being left without a route to use their own rights.

It should not be treated as an extra procedural barrier for parents who are already using the parent routes available to them.

What does “capacity” mean in the ALN system?

Capacity means whether a person can understand information and communicate an informed decision about that information.

For children in the Welsh ALN system, the test is specific.

The Education Tribunal for Wales says that a child lacks capacity for the purposes of the ALN Act if they do not have capacity to understand:

information or documents that must be given to them in relation to their ALN; or
what it means to use the rights provided to them under the ALN system [1], [3].

This is not a general judgement about the child’s intelligence, personality, diagnosis, behaviour or worth.

It is about whether the child can understand ALN information, ALN documents, and what it means to use rights under the ALN system.

A child’s capacity may be affected by age, ALN or another reason. ETW9 says capacity may change over time, so decisions about capacity may be reconsidered [3].

That means capacity should not be treated as a fixed label.

A child may lack capacity for one purpose at one time, but be able to participate more fully at another stage with the right support.

Who counts as a child in the ALN system?

In the Welsh ALN system, a child is a person who is not over compulsory school age [3], [4].

Welsh Government’s parent rights guide explains that a young person is someone who is over compulsory school age and up to age 25 [4].

That distinction matters.

When a child becomes a young person, rights under the ALN system are given only to the young person. Parents do not have the same rights as the young person [4].

A case friend is a role for a child who lacks capacity.

The Education Tribunal for Wales says certain representatives can act for young people and parents of children who lack capacity, but that is covered by different guidance [1].

This article focuses on case friends for children who lack capacity.

What about disabled young people?

This article is mainly about children, because the ETW9 case friend guidance is about children who lack capacity in the ALN system [3].

That does not mean young people’s fears are irrelevant.

Young people over compulsory school age have their own rights in the Welsh ALN system [4].

Some young people may worry that adults will use “capacity” language to speak over them, especially if they are disabled, autistic, have communication needs, or need support to understand formal processes.

That concern should be handled carefully.

If a young person has capacity but needs help to understand, communicate or take part, the issue may be advocacy, communication support, reasonable adjustments, accessible information or advice.

It should not be assumed that a disabled young person lacks capacity just because they communicate differently, need support, or disagree with adults.

The Education Tribunal for Wales has separate guidance for young people, or parents of children, who lack capacity [1].

When might a child need a case friend?

A child may need a case friend where they lack capacity to understand ALN documents, ALN information, rights, disagreement routes or Tribunal processes.

A case friend may be relevant where:

the child lacks capacity to bring an appeal or claim in their own name;
the child’s own ALN rights need to be exercised;
the child cannot understand or manage the decision themselves;
the child’s wishes and feelings still need to be considered properly;
the usual parent route is not straightforward;
there is no parent able or willing to pursue dispute resolution or bring a case for the child;
a parent is seriously unwell, incapacitated, unavailable or unable to manage the formal process;
the child is looked after and the person best placed to act may be a foster carer, social worker, advocate or another suitable adult;
there is a conflict, safeguarding issue or practical reason why relying only on the ordinary parent route would not protect the child’s own rights.

This does not mean case friends are mainly for one group of children.

ETW9 says a foster carer or social worker could act as the case friend for a child who is looked after by a local authority or another body, but independent advocates and parents can also apply to be a child’s case friend [3].

The key test is not:

Is this child looked after?

The key test is:

Does this child lack capacity in relation to the ALN system, and does someone need to exercise the child’s own rights on their behalf?

Does a case friend work for the local authority?

Not automatically.

A case friend is appointed by the Education Tribunal for Wales. They are not simply chosen by the local authority, school or college [3].

The person applying to be a case friend must satisfy the Tribunal that they are suitable.

ETW9 says a case friend should:

act fairly and competently;
have no interest opposed to that of the child;
make sure all steps and decisions are for the benefit of the child;
take account of the child’s views, so far as possible [3].

That does not always mean the case friend is completely separate from public services.

ETW9 says that for a child who is looked after by a local authority or another body, a foster carer or social worker could act as the child’s case friend [3].

So the careful answer is this:

A case friend should be appointed to act for the child’s benefit. They should not be treated as “the local authority’s person”. But in some looked-after child situations, the person appointed may be someone connected to the child’s care arrangements, such as a foster carer or social worker.

Where parents are worried about independence, it is reasonable to ask:

who is applying to be the case friend;
what their relationship is to the child;
whether they have any conflict of interest;
what evidence shows they understand the child’s wishes, communication and needs;
how the child’s views will be gathered;
why a case friend is needed instead of the ordinary parent route.

Is the Education Tribunal for Wales independent?

Yes.

The Education Tribunal for Wales says it is an independent Tribunal.

ETW9 says ETW is independent of government and local authorities, and that its decisions are legally binding [3].

The ETW website says the Tribunal is funded by Welsh Government, but that the Tribunal, its members and its decisions are independent of government and local authorities [6].

That is important, because a case friend is appointed through the Tribunal process.

It does not mean families will never have concerns about independence, professional power or state overreach.

It does mean the local authority cannot simply appoint its own person and call them the child’s case friend for Tribunal purposes.

What does a case friend do?

The Education Tribunal for Wales says case friends can:

help the child understand and navigate the ALN system;
listen to the child’s opinions and wishes;
make sure the child’s opinions and wishes are considered in decisions affecting them;
receive correspondence and notifications from the school, local authority or Tribunal;
make certain decisions on the child’s behalf;
represent or support the child in disagreement resolution;
represent or support the child at other meetings;
exercise the child’s right to appeal to the Tribunal [3].

A case friend can exercise the rights the child would have if the child had capacity [3].

That may include:

receiving certain correspondence;
requesting reconsideration of aspects of an IDP;
requesting a review of an IDP by a local authority;
asking a local authority to take over an IDP maintained by a school;
discussing intended referrals to an NHS body;
making an appeal or claim to the Tribunal;
withdrawing an appeal or claim;
applying for a declaration of capacity [3].

That is a significant role.

A case friend is not just helping with paperwork.

They may be acting on behalf of the child in a formal rights process.

What should a case friend focus on?

A case friend should focus on the child’s benefit, rights, views and best interests.

ETW9 says a case friend should:

act fairly and competently;
have no interest opposed to that of the child;
make sure all steps and decisions they take are for the benefit of the child;
take account of the child’s views, as far as possible [3].

That last point matters.

Even where a child lacks capacity under the ALN system, the child’s voice still matters.

A case friend should not treat the child as invisible.

The role is not only to speak about the child.

It is to help the child’s wishes, feelings, rights and interests be properly considered.

Who can be a case friend?

A case friend is usually someone who knows the child well, understands the child’s needs, and wants to represent the child’s wishes and views [3].

ETW9 says a case friend will often be a relative or close family friend of the child, but could be anyone who fulfils the criteria and is not on the children’s barred list [3].

Parents and independent advocates can apply to be a child’s case friend [3].

For children who are looked after by a local authority or another body, a foster carer or social worker could act as the child’s case friend [3].

This does not mean anyone can simply decide they are the case friend.

Only the Education Tribunal for Wales can appoint someone as a case friend [3].

Does a parent automatically become the case friend?

No.

A parent may be able to advocate for the child, attend meetings, ask questions, request reviews, use disagreement resolution, ask for reconsideration or bring an appeal where the parent has their own right to do so.

That does not automatically make the parent a case friend.

A case friend is a formal Tribunal-appointed role for a child who lacks capacity [3].

Parents can apply to be a child’s case friend, but the Tribunal decides whether to appoint them [3].

This distinction matters because the parent route and the child’s own rights are not always the same thing.

A parent may be acting through their own parent rights.

A case friend acts on behalf of a child who lacks capacity to exercise the child’s rights.

Does a case friend need a DBS check?

It depends who is applying.

ETW9 says that an enhanced DBS check with barred list information must accompany a case friend application unless the person applying is a close family member [3].

Close family members include:

parents and step-parents;
brothers and step-brothers;
sisters and step-sisters;
half-brothers and half-sisters;
grandparents;
uncles and aunts;
nephews or nieces [3].

Parents should check the current Education Tribunal for Wales guidance and application form before applying, because procedural requirements can change.

The Tribunal’s capacity page links to the case friend application form, ETW13 [1].

How does someone apply to be a case friend?

A person who wants to act as a case friend must apply to the Education Tribunal for Wales in writing [3].

The Tribunal says applicants can use the case friend application form or apply in writing using the checklist in ETW9 [3].

The application must usually include information such as:

the name and address of the person applying to be the case friend;
the name and date of birth of the child;
the child’s school and relevant local authority;
the applicant’s relationship or connection to the child;
a declaration of suitability;
supporting evidence of suitability;
supporting evidence that the child lacks capacity in the ALN system;
the parent’s views about the application, or an explanation of why those views are not known;
the applicant’s signature [3].

Only the Tribunal can appoint the case friend [3].

So the practical route is:

check the Education Tribunal for Wales capacity guidance;
read ETW9, Children who lack capacity and case friends;
use the ETW13 case friend application form or follow the written application checklist;
provide evidence of the child’s lack of capacity in the ALN system;
wait for the Tribunal to decide whether to appoint the case friend.

What evidence might be relevant?

ETW9 says an application to be a case friend must include supporting evidence of the child’s lack of capacity within the ALN system [3].

That evidence could include:

confirmation from the governing body of the school;
confirmation from the local authority;
a declaration of capacity from the Tribunal;
the opinion of a relevant expert [3].

The evidence should be about the child’s capacity to understand information and documents about the ALN system, and what it means to exercise rights within that system [3].

This is important.

The question is not simply:

Does this child have ALN?

It is:

Does this child lack capacity to understand ALN information, ALN documents, or what it means to exercise rights under the ALN system?

Those are different questions.

Who decides whether a child has capacity?

Capacity may first be considered by people who know the child well.

ETW9 says that teachers, NHS bodies, local authorities and other professionals who know the child may assess or give evidence about the child’s capacity [3].

If a child or parent disagrees with a school’s decision about a child’s capacity, they should ask the local authority to review the school’s decision [3].

The Tribunal has the final say on a child’s capacity. Local authorities review decisions made by schools, and the Tribunal reviews decisions made by local authorities [3].

A child or their parent can apply to the Tribunal for a declaration that the child does or does not have capacity [3].

The Tribunal may also consider a child’s capacity of its own accord, for example where a child brings a case in their own name and the Tribunal needs to make sure the child can participate fairly [3].

What is a declaration of capacity?

A declaration of capacity is a decision by the Education Tribunal for Wales about whether a child has capacity to understand the ALN system and their rights [3].

A declaration may say that the child does have capacity, or that the child does not have capacity.

ETW9 says children or their parents can apply to the Tribunal for a declaration of capacity at any time, whether or not they intend to bring an appeal or claim to the Tribunal [3].

That may be useful where there is disagreement about whether the child can exercise their own ALN rights.

This is one of the most sensitive parts of the case friend role.

ETW9 says a case friend does not need parental consent to make an appeal or claim [3].

That does not mean a case friend is a routine route for bypassing parents.

A case friend can only be appointed by the Education Tribunal for Wales. The role is linked to a child lacking capacity in the ALN system, and the case friend must act for the benefit of the child, have no interest opposed to the child, and take account of the child’s views as far as possible [3].

The Tribunal also asks for the views of the child and the child’s parent about the appeal or claim, where those views are known [3].

So the power exists, but it sits inside a narrow Tribunal process.

It should not be confused with ordinary ALN disagreement, where parents and carers usually speak up for the child through the normal parent route.

Is a case friend the same as an advocate?

No.

A case friend and an advocate are different roles.

A case friend may act on behalf of a child who lacks capacity and exercise the child’s rights in the ALN system [3].

An advocate supports a child or young person to understand and express their own views.

Welsh Government’s parent rights guide says children and young people have a right to have an advocate help and speak up for them if there is a disagreement [4].

ETW9 says children must always have access to independent advocates, regardless of their capacity [3].

ETW9 also says advocates are independent of local authorities and government, and that the service is completely free [3].

So the difference is:

an advocate helps the child or young person express and use their own views;
a case friend may act on behalf of a child who lacks capacity.

Both roles can matter.

They are not the same.

Is a case friend the same as a parent appeal?

No.

Parents of children may have their own rights to challenge decisions in the ALN system [4].

A case friend acts on behalf of the child who lacks capacity [3].

That distinction matters because the child’s rights and the parent’s rights are not always the same thing.

In many cases, a parent may be able to challenge a decision in their own right.

In other cases, a child who lacks capacity may need a case friend to exercise the child’s own rights.

Parents should not assume that being a parent automatically makes them the child’s case friend for Tribunal purposes.

The Tribunal appoints case friends [3].

What kinds of issues can reach the Education Tribunal for Wales?

The Education Tribunal for Wales hears and makes decisions on appeals about Additional Learning Needs and claims of disability discrimination in schools [6].

Welsh Government’s Parent and Carer Toolkit says children, their parents and young people can appeal some decisions made by their local authority or college [2].

These can include:

a decision by a college or local authority about whether a child or young person has ALN;
whether a young person needs an IDP;
what the IDP says about the child or young person’s needs, support or review dates;
whether the ALP in the IDP is missing or not right;
whether support in the IDP should be given in Welsh;
which school or college is named in the IDP;
whether the local authority refuses to change or take over an IDP;
whether the local authority decides to stop the IDP;
whether the local authority or college refuses to look at something again because it says nothing has changed [2].

The toolkit also says appeals cannot be made about ALN decisions made by maintained nurseries or schools. If a school maintains the IDP, parents cannot appeal against the school directly. They must first ask the local authority to look at the situation. If needed, it is the local authority decision that may then be appealed to ETW [2].

A case friend may become relevant if the child lacks capacity and the child’s own rights need to be exercised in one of these processes.

What should parents check before thinking about a case friend?

A case friend is a formal role, so it is worth checking the basics first.

Parents may want to ask:

Is this about a child, rather than a young person over compulsory school age?
Does the child lack capacity in relation to the ALN system?
What evidence shows that the child lacks capacity?
Has the child’s voice still been gathered in a suitable way?
Is there already a parent route available?
Would independent advocacy help?
Is there a disagreement that may need the Education Tribunal for Wales?
Has the local authority reviewed any disagreement about capacity?
Is a declaration of capacity needed?
Who is applying to act as case friend?
Is that person independent of any conflicting interest?
Does the person know the child well?
Does the person understand the child’s communication, wishes and needs?
Has the person read ETW9?
Has the correct ETW form or written application checklist been used?

This is not about making the process harder.

It is about making sure the right route is being used.

What should families avoid assuming?

Families should avoid assuming that:

every child with ALN lacks capacity;
every child with ALN needs a case friend;
a case friend is needed for most Tribunal cases;
a parent is automatically the case friend;
a case friend is the same as an advocate;
a case friend is the same as a solicitor;
a case friend can ignore the child’s views;
a diagnosis alone decides capacity;
disagreement with school or the local authority automatically means Tribunal is the next step;
a case friend is automatically “the local authority’s person”;
a case friend is always completely independent of public services.

Case friends are important, but they are not a general support label.

They are part of the formal rights structure for children who lack capacity in the ALN system.

Why this matters

Children have rights in the Welsh ALN system.

Parents and carers also have important routes to speak up, ask questions, challenge decisions and use appeal rights where those rights apply.

A case friend should not be treated as an extra hurdle for ordinary parent-led ALN appeals.

For most families, the usual route will be parent or carer advocacy, the child’s views being gathered properly, independent advocacy where needed, disagreement resolution where useful, and Tribunal only where needed.

A case friend is a specific safeguard for a narrower situation: where a child lacks capacity to understand ALN information or to use their own ALN rights, and someone needs to be formally appointed to exercise those rights on the child’s behalf.

That may feel worrying to families, especially where trust in schools, local authorities or formal systems has already been damaged.

That fear deserves respect.

But the role can also protect children in exceptional situations, including where a parent is unwell, incapacitated, unavailable or unable to manage the formal process.

The practical question is not: