Legislation – Additional Learning Needs and Education Tribunal (Wales) Act 2018
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Additional Learning Needs and Education Tribunal (Wales) Act 2018. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 28:
- s. 4(3)(ca)(cb) inserted by 2022 asc 1 Sch. 4 para. 39(2)
- s. 5(1)(da) inserted by 2022 asc 1 Sch. 4 para. 39(3)
- s. 65(4)(da)(db) inserted by 2022 asc 1 Sch. 4 para. 39(5)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4(3)(ca)(cb) inserted by 2022 asc 1 Sch. 4 para. 39(2)
- s. 5(1)(da) inserted by 2022 asc 1 Sch. 4 para. 39(3)
- s. 65(4)(da)(db) inserted by 2022 asc 1 Sch. 4 para. 39(5)
PART 2ADDITIONAL LEARNING NEEDS
CHAPTER 2INDIVIDUAL DEVELOPMENT PLANS
Local authority reconsideration of governing body decisions and plans
28Local authority duty to decide whether to take over governing body plans
(1)
Subsection (3) applies where—
(a)
a governing body of a maintained school or an institution in the further education sector maintains an individual development plan for a child or young person under section 12(1) or 12 (3) , and
(b)
any of the persons mentioned in subsection (2) requests the local authority responsible for a child or young person to consider taking over responsibility for maintaining the plan.
(2)
The persons are—
(a)
the child or young person,
(b)
in the case of a child, the child’s parent, or
(c)
the governing body.
(3)
The local authority must decide whether it should take over responsibility for maintaining an individual development plan maintained by the governing body.
(4)
Where a governing body makes the request, the local authority must inform the child or young person and, in the case of a child, the child’s parent of the request and invite representations.
(5)
Where a child, a child’s parent or a young person makes the request, the local authority must inform the governing body of the request and invite representations from the governing body.
(6)
A local authority may decide to take over responsibility for maintaining a plan maintained by a governing body of a maintained school if it decides under section 27(6) that the plan should be revised.
(7)
The local authority must notify the child or young person, in the case of a child, the child’s parent, and the governing body of—
(a)
a decision under subsection (3) or (6), and
(b)
the reasons for the decision.
(8)
If the local authority decides to take over responsibility for maintaining the plan—
(a)
it is to be treated as maintained by the authority under section 14 for the purposes of this Part, and
(b)
the governing body is not required to maintain it,
from the date on which notice is given under subsection (7).