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Section 1: what action is the Welsh Government considering and why

Issue

According to the Children Receiving Care and Support Census (CRCS): on 31 March 2023, 7,095 children were looked after by a local authority in Wales. Risk of, or actual, abuse or neglect was the most common reason why children had started receiving care and support and was the main reason for half of children receiving care and support.

The CRCS Census (collected March 2023) reveals there is an educational achievement gap between children in care and their peers.

Attainment at Key Stage 3

The Core Subject Indicator (CSI) at Key Stage 3 represents the percentage of pupils achieving Level 5 or above, based on teacher assessments, in English or Welsh (first language), Mathematics and Science in combination at the end of Key Stage 3, aged 14.

  • 42% of children receiving care and support aged 13 or 14 years old who matched to the National Pupil Database (NPD) had achieved the CSI at Key Stage 3. 
  • This differed between children receiving care and support who were looked after (52%) and children who were not looked after (34%).
  • This compares to 77% of all pupils in Wales who achieved the CSI at Key Stage 3 in 2023.

Attainment at Key stage 4

The average Capped 9 indicator (interim measure version) is calculated using Year 11 pupils’ best nine results from the qualifications available in Wales, including subject specific requirements. Since 2018/2019 this includes English or Welsh (Language or Literature), Mathematics or Mathematics Numeracy and a Science GCSE.

  • The average Capped 9 indicator (interim measures version) was 192 points for children receiving care and support. This was higher for children receiving care and support who were looked after, compared to children who were not looked after.
  • This compares to an average Capped 9 indicator (interim measures version) score of 358 points for all pupils in Wales in 2023.

The following factors may contribute to this attainment gap by creating barriers for children looked after to access and engage in their education: 

  • problems linked to the care system, including frequent movement of home and school placements which interrupt learning opportunities
  • social and economic impacts such as growing up in low income, family breakdown and trauma in childhood
  • poor mental health and well-being which can make learning and staying engaged in education difficult
  • a higher chance of additional learning needs (ALN) including cognitive and language delay, difficulties managing emotions or behaviour, and neuro-developmental needs

What action is the Welsh Government considering and why

Local authorities and schools support the education of children looked after through a personal education plan (PEP). The PEP helps children looked after and the adults who support them to agree practical actions to help them progress in their education. The Welsh Government has produced new non-statutory guidance to help local authorities and schools set up, develop and review PEPs.

The Social Services and Well-being (SSWB) (Wales) Act 2014 places a duty on local authorities to promote the educational achievement of children looked after.

The Part 6 Code of Practice (Looked After and Accommodated Children) explains the legal duties of local authorities in relation to children’s care and support plans, including health and education. The Code sets out that “local authorities must make sure that every child they look after has an effective and high quality personal education plan (PEP), which will form an integral part of the child’s overall Part 6 care and support plan” It also states that the PEP “should describe what needs to happen to help them to fulfil their full potential”.

The PEP guidance is intended to support local authorities and schools to put this into practice. It will complement other support already provided by the Welsh Government for children looked after which includes:

  • other guidance documents intended to help local authorities and schools better understand and support the needs of care experienced learners and promote effective practice
  • funding Adoption UK Cymru in the 2024 to 2025 and 2025 to 2026 financial years to provide training for education practitioners to help them to understand and support he social and emotional needs of care experienced learners

Care experienced children are a diverse group, but many have experienced trauma and face other barriers which impact educational outcomes. The commitments in the manifesto for the seventh term of the Welsh Government include a strong focus on literacy and numeracy, multi-agency collaboration and trauma-informed practice. Our intention is to drive up standards and address mental health and behavioural challenges in our schools. In developing this holistic approach, we will ensure the needs of care experienced learners are fully considered. This year, further work is being carried out in this area:

  • Commissioning Estyn to undertake a thematic review into the effectiveness of education provision for care experienced learners in 2026. The findings will be used to identify and share effective practice across the sector. 
  • Working with the sector to ensure learners benefit from the extra targeted support provided by the Pupil Development Grant for children looked after and School Essentials Grant, available for all children looked after in reception to year 11.

Well-being of Future Generations (Wales) Act

The PEP guidance contributes to two of the national wellbeing goals under the Well-being of Future Generations (Wales) Act 2015 (WBFG Act) including:

  • A prosperous Wales: children looked after are all different but they are more likely to have experienced trauma in their lives, including abuse, neglect or loss. Providing children and young people with the right support, planned through a high-quality PEP, can help them achieve their best and make progress in the next steps of their life. This supports the well-being goal that Wales “develops a skilled and well-educated population” and that would allow “people to take advantage of the wealth generated through securing decent work”.
  • A more equal Wales: there are many reasons which create barriers for children looked after when accessing education. A good quality PEP should set out personalised learning plans to help overcome the barriers identified for the young person and build on their strengths and aspirations. The PEP should make sure their education is tailored to their specific needs, allowing them to maximise their potential. This supports the goal of a “society that enables people to fulfil their potential no matter what their background or circumstances".

The guidance has been developed consistent with the WBFG Act ways of working. A high-quality PEP is intended to support the long term progress of children looked after to support them to thrive in their education and achieve best outcomes. It should also help to lessen the barriers caused by early trauma and disadvantage impacting on the child’s educational outcomes.

We have worked together with a wide range of professionals to help develop the PEP guidance. A PEP Task and Finish Group was set up, made up of individuals from local authorities with a strategic role in promoting the education of care experienced learners. The group shared their expertise around the PEP process. Their ideas on how the PEP process can best contribute to supporting the child’s educational progress were included in the guidance.

The task and finish group were a subgroup of the National Delivery Group (NDG) for the education of care experienced leaners. The NDG is made up of external stakeholders from Estyn, Consortia, local authorities and Third Sector who work to promote and support the educational outcomes of care experienced children in Wales. Drafts of the guidance were shared with the NDG and with the all-Wales Independent Reviewing Officers group. We formally consulted on the guidance between 6 October and 1 December 2025. Feedback received in response to this engagement activity was integrated into the PEP guidance.

The Welsh Government also engaged with looked after learners on what was important to them and what should be integrated in this guidance. Their views are reflected throughout the guidance.

Impacts

Impacts on children, equality and the Welsh language are fully explored in the relevant impacts assessments.

Section 8: conclusion

How have people most likely to be affected by the proposal been involved in developing it

Professionals

A task and finish group was set up to develop the personal education plan (PEP) guidance. It is intended to provide good practice information to support local authorities and schools to develop and implement PEPs. The task and finish group was made up of local authorities and Third sector organisations responsible for the education of children looked after. 

We formally consulted on the PEP guidance between 6 October and 1 December 2025. We received 19 responses from across the sector including from: six local authorities, four schools, three education unions, Estyn, Third Sector, academia and Children’s Commissioner for Wales. Feedback received in response to the consultation questions informed the development of the final PEP guidance.

A vast majority of respondents (94%) agreed the advice provided in the PEP guidance would support local authorities, schools and settings to make the PEP process more meaningful and impactful for children looked after. 53% agreed that the guidance adequately covers everything needed to support local authorities, schools and settings to make PEPs more meaningful and impactful for children looked after. 78% agreed that the guidance provides sufficient advice to local authorities, schools and settings on making the PEP process child-centred.

Feedback was provided on ideas on how the content of the guidance could be strengthened and improved which included the following themes:

  • Welsh language: strengthen the guidance to promote positive effects on the Welsh language.
  • ALN and IDP processes: ensure integration with ALN and IDP processes to avoid duplication and ensure collaboration.
  • Roles, responsibilities, and multi-agency collaboration: provide clearer expectations for health, CAMHS, and foster carers’ involvement, and the need for designated PEP officers and coordinators at local authority level.
  • Statutory requirements: frame expectations as requirements to promote consistency of good practice and prevent variation across settings.
  • Child-centred practice: promote respect for UNCRC principles, culture, and language, highlight trauma-informed and attachment-aware approaches, emphasise the importance of preparing children for PEP meetings and the child’s voice in the PEP process.
  • Resources: add links to resources from sources such as the Children’s Commissioner for Wales, Children in Wales, Snap, Estyn and NICE.

Young people

From October 2024 to March 2025, the Welsh Government worked with local authorities and Third Sector organisations to gather the experiences of care experienced young people.

We also commissioned a session with unaccompanied asylum-seeking children and young people through Voices for Care (Third Sector organisation) so that their voices were heard as well.

The advice in the guidance has been shaped by the experiences and views the young people shared and some of their anonymous quotes used throughout the guidance.

What are the most significant impacts, positive and negative

The guidance reinforces the legal requirement for every child looked after in statutory education to have a PEP. It provides practical advice for schools and local authorities on how to initiate, develop, and review PEPs, and supports a personalised approach to education planning.

Children

We have not identified any negative impacts for children with protected characteristics. We have not identified any impacts of the PEP guidance that will make inequalities worse for children because of socio-economic disadvantage. Instead, the guidance is designed to have a positive impact by making sure all children looked after have a fair chance to benefit from a high‑quality educational planning process.

The PEP guidance encourages local authorities and schools to take a personalised, child‑centred approach that should benefit all children looked after. The guidance focuses on inclusion and diversity. There is a strong focus on learner voice and active involvement in the PEP process.

The guidance is aligned with the United Nations Convention for the Rights of the Child (UNCRC), particularly Articles 2 (non‑discrimination), 3 (best interests), 12 (voice of the child), 28 and 29 (education), 20 (the right to be looked after if a child can’t live with their own family) and 22 (refugee children have the same rights as children born in that country).

Members of the public and business community

The PEP guidance will have minimal or no impact on members of the public or businesses. The legal duty for every child in care to have a PEP is for local authorities and schools to manage. The good practice advice in the guidance is aimed at local authorities and schools not business or members of the public who do not have a specific role in the PEP process.

Welsh Language

Consultation on the PEP guidance explored how the proposals might affect opportunities to use the Welsh language. Fourteen respondents commented, highlighting opportunities to strengthen language use within the PEP process.

The PEP guidance has been updated to reflect this feedback:

  • Requires the PEP to capture the child’s views and language preference (Welsh or English).
  • Embeds Welsh language opportunities and ensures the PEP is accessible in both Welsh and English.
  • Ensures children can participate meaningfully in their language of choice.
  • Suggests virtual meetings for Welsh speaking children placed in settings without Welsh speaking staff.

In light of the impacts identified, how will the proposal maximise contribution to our well-being objectives and the seven well-being goals and (or) avoid, reduce or mitigate any negative impacts

The PEP guidance will contribute to supporting the long-term progress of care experienced children enabling them to thrive in their education and achieve best outcomes.

Encouraging effective support for care experienced children will contribute to the goals of the to the Well-being of Future Generations (Wales) Act, specifically the following goals:

  • A prosperous Wales: care experienced children are more likely to have experienced trauma in their lives, including abuse, neglect or loss. A high-quality PEP is intended to support the long-term progress of children looked after to support them to thrive in their education and achieve best outcomes. It should also help to lessen the barriers caused by early trauma and disadvantage impacting on the child’s educational outcomes. This would contribute to the well-being goal that Wales “develops a skilled and well-educated population”.
  • A more equal Wales: there are a range of factors which may create barriers for care experienced children when accessing education. Children looked after are all different but they are more likely to have experienced traumatic events in their lives, including abuse, neglect or loss. This can affect how a person plans and makes decisions, manages their emotions, their relationship with others, and behaves day to day. A good quality PEP should set out personalised learning strategies to help overcome the barriers identified for the young person and build on their strengths and aspirations. This supports the goal of a “society that enables people to fulfil their potential no matter what their background or circumstances”.

Mitigation

We will promote the implementation of the principles and expectations contained within the PEP guidance. This will support local authorities and schools to make the PEP process more meaningful and impactful for children looked after. Having a good quality PEP should promote a personalised approach to learning to support educational progress and achievement of children eligible for a PEP.

The Welsh Government has commissioned Estyn to undertake a thematic review on the good practice of supporting the education of care experienced children and young people. This will also consider the use of PEPs. This report is due to be published in October 2026. The review will recommend ways to better support the education of care experienced learners. We will consider any recommendations in relation to PEPs and update the guidance as appropriate.

How will the impact of the proposal be monitored and evaluated as it progresses and when it concludes

We will monitor the implementation of the guidance through feedback from stakeholders, including engagement with our National Delivery Group (NDG) for the education of care experienced children. The NDG includes representation from all 22 local authorities, Third Sector and public bodies such as Estyn and Children’s Commissioner for Wales.

We will consider any recommendations in the Estyn review that relate to PEPs and update the guidance as appropriate.