Personal education plan guidance: children's rights impact assessment
A children's rights impact assessment for the personal education plan (PEP) guidance.
In this page
Policy objectives
Background
We are committed to improving the educational outcomes of care-experienced learners.
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.
These are the factors which may create barriers for them when accessing education:
- Problems linked to the care system such as 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.
- Increased risk of additional learning needs (ALN) including cognitive and language delay, difficulties managing emotions or behaviour and neuro-developmental needs.
Support provided by the Welsh Government
The Welsh Government provides a range of support and resources to improve educational outcomes for care‑experienced learners in Wales. This has included:
- co-production of guidance documents intended to help local authorities and schools better understand and respond to the needs of care experienced learners and promote effective practice
- funding Adoption UK Cymru to provide training for education practitioners to help them effectively support the social and emotional needs of care experienced learners
- 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 support provided by the Pupil Development Grant for children looked after as well as the School Essentials Grant, available for all children looked after in reception to year 11
- ongoing engagement with the sector through the National Delivery Group to enable:
- the sharing of best practice
- regular feedback on policy impact and delivery
- proactive identification of sector priorities and shared challenges
- collaboration to explore and co-produce solutions
Care experienced learners are at the heart of this work, with their voices championed by our key partners, including local authorities, Voices from Care and Adoption UK Cymru.
Existing or current arrangements
(Looked After and Accommodated Children) (“Code of Practice”) explains the legal duties of local authorities in relation to children’s care and support plans, including for health and education.
The Part 6 care and support plan brings together information from the assessment of the child’s developmental needs and from any other assessments of the child and their family. The Care Planning, Placement and Case Review (Wales) (CPPCR) Regulations 2015 also require the preparation of a health plan, a Personal Education Plan (PEP), and a placement plan for the child. These should all be included in the overall Part 6 care and support plan for the child.
A PEP is used to share information and plan how to support the child’s education. It should also be used to check the child’s progress and decide how to best support the child.
Policy proposal
Local authorities and schools support the education of children looked after through the PEP. The PEP allows children looked after and the adults who support them to agree practical actions to help them progress in their education.
Our National Delivery Group (NDG) for the education of care experienced learners, identified that it would be useful for the Welsh Government to produce non-statutory guidance on how to initiate, develop and review PEPs, as part of a suite of guidance documents.
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 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”. Further it states that the PEP “should describe what needs to happen to help them to fulfil their full potential”. The Code directs practitioners on select aspects of the PEP process, for example the minimum contents of the PEP, timeframes for initiating and reviewing the PEP and transition arrangements.
The good practice guidance makes practitioners aware of this specific advice in the Code and links to it. The guidance complements the Part 6 Code of Practice by providing further good practice guidance, not covered in the Code of Practice. This includes advice on engaging young people in the process, what a good PEP meeting would look like, roles and responsibilities and quality assurance. The guidance also includes case studies, example PEPs and links to further sources of useful information.
This guidance aims to support schools and local authorities to provide better support for children looked after through the PEP process to progress their learning and help them thrive in their education setting.
The guidance is aligned with the United Nations Convention for the Rights of the Child (UNCRC), particularly the following articles:
- every child has rights, without discrimination of any kind (Article 2)
- the best interests of the child must be a top priority in all decisions and actions that affect children (Article 3)
- children and young people have the right to express their views, feelings and wishes in all matters affecting them, and to have their views considered and taken seriously (Article 12)
- children who cannot be looked after by their own family must be looked after properly, by people who respect their religion, culture and language (Article 20).
- children who come into a country as refugees should have the same rights as children born in that country (Article 22)
- children and young people have the right to an education regardless of race, gender, disability, detention status, or refugee status (Article 28)
- education should develop each child’s personality and talents to the full (Article 29)
Gathering evidence and engaging with children and young People
Evidence
According to the Children Receiving Care and Support Census: 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.
There is an educational attainment gap between children in care and their peers. For example, recent population-level research examined how the type, timing and duration of care experiences influenced academic achievement for children born between 2000 and 2003. Children who entered foster care just before starting school were found to be at particular risk of not meeting expectations, with 40% on average achieving Key Stage 1 expectations, compared to 81% in the general population. By Key Stage 2, the majority of care-experienced groups achieved between 36% and 52%, well below the rate for the general population of 83%.
Estyn published a thematic report ‘Raising the ambitions and educational attainment of children who are looked after in Wales‘ in 2016 which highlighted good practice within local authorities and schools, including reviewing progress and setting targets in children’s PEPs. Estyn identified the following good practice which highlights the importance of each child looked after having a good quality PEP:
- A clear vision and strategy for supporting children who are looked after.
- High aspirations for children who are looked after.
- A clear understanding of the academic, social and emotional needs of children who are looked after.
- Comprehensive tracking systems.
- Staff that are aware of the children who are looked after, their needs and what strategies are available to support them.
- Strong support for children who are looked after to develop their literacy and numeracy skills.
- Strong pastoral systems that are tailored well to the emotional needs of children who are looked after.
- Support to build resilience, self-esteem and confidence that is planned and well matched to the needs of children.
This report is nearly 10 years old. The Welsh Government has therefore commissioned Estyn to undertake another thematic review on good practice around supporting the education of all care experienced children and young people. This will also consider the use of PEPs. The review will consider the education of children currently in care as well as those who have left care through adoption or a Special Guardianship Order (SGO). Learner voice will be a key part of the review. In addition to learner engagement undertaken through school visits, the review hopes to gather views from learner voice groups independently of inspection activity. This includes engagement with children who are looked after, those living in foster and residential care, learners subject to special guardianship orders and those who have recently returned home following a period in care.
This report is due to be published in October 2026. The review will provide recommendations for what can be done to better support the education of care experienced learners. We also plan to work with stakeholders on how the findings and recommendations from Estyn can be used to improve practice in education services. We will consider any recommendations in relation to PEPs and update the guidance as appropriate.
We asked Welsh Government Library services to do a comprehensive literature search for us. They identified a total of 40 references, which we have reviewed. This added to our understanding of factors associated with the educational outcomes of children looked after. Children who had any social work intervention during their school years were at greater risk of lower attainment and progress compared with those who had no intervention. Poorer outcomes tended to be linked to: gender (male), ethnicity (White British or Irish), additional learning needs and disabilities and missing school (due to exclusions, absences or changes of school).
We also looked at previous research on the views of children looked after, including:
This paper looks at how children and young people experience education, when they are looked-after, how they understand the disadvantages they face, and what might help to improve their experiences.
The young people said that:
- care review meetings (for example, PEP meetings) should be held outside school time, to limit disruption to their education and reduce the potential of them being seen as ‘different’
- school professionals and carers should know how best to guide and support them throughout their education
This report looks at evidence on the barriers to, and facilitators for, supporting learning needs of children looked after.
Themes from the evidence outlined the need for:
- adults in the education system to have higher expectations and aspirations for the education for children and young people in the care system
- positive role models
- tailored (individualised) support for education
- a dedicated person to be at the school to speak up for the child and support their education
- trauma-informed training for teachers (and all professionals) working with care experienced children and young people
Evaluation of the Virtual School Model (VSM) pilot funding
An evaluation of the Virtual School pilot in Wales included the views of children looked after as part of the fieldwork. Discussions with learners emphasised the value of emotional support from professionals who were able to offer encouragement, provide solutions to their own unique circumstances (which was deemed invaluable to navigating progression), liaise with carers and their school, and follow up on conversations.
Engagement with professionals
A task and finish group was established to develop the PEP guidance. It was made up of local authorities and third sectors who had the responsibility for the education of children looked after. The task and finish group were a subgroup of the National Delivery Group (NDG) for the education of care experienced leaners. The NDG brings together 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 and their feedback integrated into the guidance. We formally consulted on the guidance between 6 October and 1 December 2025. Feedback received in response to the consultation questions was considered in informing the development of the final PEP guidance.
Participation of young people
Over five months, 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. Working with the Children’s Commissioner for Wales’ office we developed a participation plan which detailed how we would talk with the young people. We also produced an easy read flyer for young people to explain why we wanted to hear their views and how we would work with them, based on the Participation Standards. We worked with individuals and organisations that already had trusted relationships with care experienced learners. They helped us decide what type of activities would work best and make the young people feel most comfortable.
We worked with Swansea, Vale of Glamorgan, Neath Port Talbot and Bridgend Local Authorities who arranged sessions with young people to get their views on their education and how it might be improved. The sessions were delivered in a way that allowed the young people to explain what they wanted from their education, what could be done better and what they did not want. This allowed for a more fluid conversation rather than asking for feedback on the guidance document itself. We also commissioned a session with unaccompanied asylum-seeking children and young people through Voices for Care to ensure that their voices were heard as well.
The advice in the guidance has been shaped by the experiences and views the young people shared, such as holding PEP meetings outside of school time. Their views were also shared with the previous Cabinet Secretary for Education, senior officials in Welsh Government and with the NDG.
Analysing the evidence and assessing the impact
We found no specific research evidence on the impact of PEPs on a child’s education. However, PEPs promote personalised education planning which has been identified by NICE and Estyn as supporting educational progress. The PEP guidance is also consistent with the evidence from research that:
- local authority and school professionals should know how best to guide and support children looked after throughout their education
- there should be higher expectations and aspirations for the education of children looked after supported by tailored (individualised) support for education
- a dedicated person should be at the school to speak up for the child and support their education
- teachers (and all professionals) working with care experienced children and young people should receive trauma-informed training
A high‑quality PEP, facilitated by the PEP guidance, should help schools and local authorities put these approaches into practise and provide effective educational support.
The intended positive impact of the PEP guidance is that children of statutory school age should have a good quality PEP which would offer the following benefits:
- Set out a personalised plan to meet the individual’s needs and educational aspirations.
- Promote a more effective learning experience, allowing young people to thrive in their education setting and achieve their full potential.
- Help set clear goals and track progress, to promote educational success.
- Promote learner engagement and active involvement in education, making learning more meaningful and relevant.
- Support with transitions from school to school (due to placement/school moves) as well as transitions from primary to secondary school.
- Provide advice on how the PEP meetings should be conducted to produce a meaningful PEP document.
We formally consulted on this 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.
The 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 received in response to the consultation questions was considered in informing the development of the final PEP guidance.
We have also completed an equality impact assessment to look at potential impact for children looked after with protected characteristics.
We do not anticipate any negative effect on children and young people from the PEP guidance.
The Welsh Government has highlighted the following UNCRC articles in the guidance, along with an expectation that local authorities will have due regard to these articles when supporting young people in the PEP process:
| UNCRC Articles or Optional Protocol | Enhances (X) | Challenges (X) | Explanation |
|---|---|---|---|
| The best interests of the child must be a top priority in all decisions and actions that affect children (Article 3) | X | Article 3: the PEP guidance encourages local authorities and schools to:
Children looked after are all different but they are more likely to have experienced traumatic events in their lives, including abuse, neglect or loss. Providing children and young people with tailored individual support, through a high-quality PEP, should help them achieve their potential and make progress in the next steps of their life. | |
| Children and young people have the right to express their views, feelings and wishes in all matters affecting them, and to have their views considered and taken seriously (Article 12) | X | Article 12: the PEP guidance emphasises the importance of:
The guidance provides further sources of information to support schools in listening and responding to the views of young people. This includes a youth friendly leaflet explaining the PEP process and how young people might want to express their views with support from trusted adults. | |
| Children and young people have the right to an education regardless of race, gender, disability, detention status, or refugee status (Article 28) | X | Article 28: research shows that some experiences make it harder for children to do well, while other factors help protect them and build resilience. Challenges can include trauma, poverty, neglect, and conflict at home. Things that help include caring adults, strong relationships, feeling safe and valued, good emotional and problem‑solving skills, routines, and support from schools and communities. The guidance explains that a high‑quality Personal Education Plan (PEP) should build on these strengths and reduce the impact of challenges. The intended positive impact on children, whatever their race, gender or disability, is that the guidance will support a PEP process that is more meaningful, more effective, and in which the young person’s voice is given central importance. Furthermore, it confirms that all unaccompanied asylum-seeking children are entitled to the same rights and provisions as looked-after children born in Wales or elsewhere in the United Kingdom. | |
| Education should develop each child’s personality and talents to the full (Article 29) | X | Article 29: the guidance highlights that every child is unique, with individual strengths and needs. A good quality PEP should set out personalised learning strategies to help overcome the barriers identified for the young person as well as building on their strengths and aspirations, allowing them to maximise their potential. | |
| Children who come into a country as refugees should have the same rights as children born in that country (Article 22) | X | Article 22: the guidance makes clear that the provisions under Part 6 of the Social Services and Well-being Act 2014 also apply to unaccompanied asylum-seeking children, who have the same rights and entitlements as children looked after who are born in Wales and the UK. A group of unaccompanied asylum-seeking children and young people were consulted as part of the guidance and their views were incorporated into the guidance. |
Communicating with Children and Young People
A copy of the guidance was shared with the children and young people via the organisations that engaged with them before consultation. A youth friendly version of the consultation questions was produced to encourage further engagement when the guidance was issued for public consultation between 6 October to 1 December 2025.
A link to the published guidance will be shared with the young people who participated (via the organisations that facilitated engagement). This will allow them to see how their involvement shaped the guidance. We have ensured that the children and young people were content for their quotes, which are anonymised, to be used in the guidance.
Monitoring and Review
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.
Following this review, are there any revisions required to the policy or its implementation
As above we will consider the need for any revisions of the guidance following any feedback received. We will revisit the CRIA if any substantial revisions are made.