Legislation – Additional Learning Needs and Education Tribunal (Wales) Act 2018

PART 1
OVERVIEW

1 Overview of this Act

PART 2
ADDITIONAL LEARNING NEEDS

CHAPTER 1 KEY TERMS, CODE AND PARTICIPATION

2 Additional learning needs

3 Additional learning provision

Code of practice

4 Additional learning needs code

5 Procedure for making the code

Participation, United Nations conventions and access to information

6 Duty to involve and support children, their parents and young people

7 Duty to have regard to the United Nations Convention on the Rights of the Child

8 Duty to have regard to the United Nations Convention on the Rights of Persons with Disabilities

9 Advice and information

CHAPTER 2 INDIVIDUAL DEVELOPMENT PLANS

Preparing and maintaining individual development plans

10 Individual development plans

11 Duty to decide: maintained schools and further education institutions

12 Duties to prepare and maintain plans: maintained schools and further education institutions

13 Duty to decide: local authorities

14 Duties to prepare and maintain plans: local authorities

Additional learning provision for looked after children

16 Amendments to the Social Services and Well-being (Wales) Act 2014

17 Duty to refer a matter to a local authority that looks after a child

18 Duty to decide whether a looked after child has additional learning needs

19 Duties to prepare and maintain plans for looked after children

Additional learning provision and NHS bodies

20 Additional learning provision: Local Health Boards and NHS trusts

21 Individual development plans: Local Health Boards and NHS trusts

Information about plans

22 Provision of information about individual development plans

Review of plans

23 Review and revision of individual development plans

24 Review and revision of individual development plans for looked after children

25 Relationship of individual development plans to other similar documents

Local authority reconsideration of governing body decisions and plans

26 Reconsideration by local authorities of decisions under section 11(1)

27 Reconsideration by local authorities of plans maintained under section 12

28 Local authority duty to decide whether to take over governing body plans

29 Circumstances in which the duties in sections 26(2), 27(2) and 28(3) do not apply

30 Registration or enrolment at more than one institution

Ceasing to maintain plans

31 Ceasing to maintain individual development plans

32 Reconsideration by local authorities of decisions of governing bodies under section 31

33 Limitation on ceasing to maintain plans to allow reconsideration or appeal

34 Individual development plan after a young person’s 25th birthday

Transfer of plans

35 Transfer of duties to maintain plans

36 Request to transfer plan to governing body of further education institution

37 Regulations about transfer of individual development plans

Powers to direct governing bodies of maintained schools

38 Local authority power to direct governing bodies of maintained schools

Additional learning provision for detained persons

39 Meaning of “detained person” and other key terms

40 Duty to prepare individual development plans for detained persons

41 Circumstances in which the duty in section 40(2) does not apply

42 Duty to keep individual development plans for detained persons

43 Release of a detained person

44 Certain provisions of Part 2 not to apply to children and young persons in detention

45 Detention under Part 3 of the Mental Health Act 1983

Necessity of plans

46 Regulations about deciding whether an individual development plan is necessary

CHAPTER 3 SUPPLEMENTARY FUNCTIONS

Functions relating to securing additional learning provision

47 Duty to take all reasonable steps to secure additional learning provision

48 Duty to admit children to named maintained schools

49 No power to charge for provision secured under this Part

50 Welsh Ministers’ duties to secure post-16 education and training

Additional learning provision in particular kinds of school or other institution

51 Duty to favour education for children at mainstream maintained schools

52 Children with additional learning needs in mainstream maintained schools

53 Additional learning provision otherwise than in schools

54 Amendments to registration requirements for independent schools in Wales

55 Conditions applicable to securing additional learning provision at independent schools

56 List of independent special post-16 institutions

57 Abolition of approval of non-maintained special schools in Wales

58 Abolition of approval of independent schools in Wales

59 Additional learning provision outside England and Wales

Additional learning needs co-ordinating officers

60 Additional learning needs co-ordinator

61 Designated education clinical lead officer

62 Early years additional learning needs lead officer

Miscellaneous functions

63 Duty to keep additional learning provision under review

64 Duty of health bodies to notify parents etc.

65 Duties to provide information and other help

66 Right of local authority to access premises of schools and other institutions

67 Provision of goods or services in relation to additional learning provision

CHAPTER 4 AVOIDING AND RESOLVING DISAGREEMENTS

Local authority arrangements

68 Arrangements for the avoidance and resolution of disagreements

69 Independent advocacy services

Appeals and applications to the Tribunal

70 Appeal and application rights

71 Decisions on appeals and applications under section 70

72 Appeal rights: detained persons

73 Decisions on appeals under section 72

74 Regulations about appeals and applications

75 Regulations about procedure

76 NHS Bodies: evidence and Tribunal recommendations

77 Compliance with orders

78 Power to share documents and other information with the Welsh Ministers

80 Allowances for attendance at the Education Tribunal for Wales

81 Appeals from the Education Tribunal for Wales to the Upper Tribunal

CHAPTER 5 GENERAL

82 Regulations about disclosure and use of information

83 Parents and young people lacking capacity

84 Capacity of children

85 Case friends for children who lack capacity

Higher education courses provided by further education institutions

86 Students at further education institutions undertaking higher education courses

Pupils and students at Welsh institutions who are resident in England

87 Application of reconsideration provisions to pupils and students resident in England

Giving notice etc.

88 Giving notice etc. under this Part

Review of additional learning provision in Welsh

89 Review of additional learning provision in Welsh

90 Power to amend duties to secure additional learning provision in Welsh

PART 3
EDUCATION TRIBUNAL FOR WALES

91 Constitution of the Education Tribunal for Wales

92 The President and members of the panels

93 Deputy President of the Tribunal

94 Remuneration and expenses

PART 4
MISCELLANEOUS AND GENERAL

95 Meaning of “in the area” of a local authority

96 Minor and consequential amendments and repeals

97 Power to make consequential and transitional provision etc.

99 General interpretation

100 Coming into force

101 Short title and inclusion as one of the Education Acts

SCHEDULES

SCHEDULE 1 MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS

Which version?
Latest available (Revised)
Original (As enacted)

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.

Changes to Legislation

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View outstanding changes

Changes and effects yet to be applied to Section 48:

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 3SUPPLEMENTARY FUNCTIONS

Functions relating to securing additional learning provision

48Duty to admit children to named maintained schools

(1)

Subsection (2) applies if a maintained school in Wales is named in an individual development plan prepared or maintained for a child by a local authority for the purpose of securing admission of the child to the school.

(2)

The governing body of the school must admit the child.

(3)

Before naming a school under this section, the local authority must consult—

(a)

the governing body of the school, and

(b)

in the case of a maintained school where neither the local authority nor its governing body is the admissions authority for the school, the local authority for the area in which the school is located.

(4)

A local authority may only name a maintained school in an individual development plan for the purpose of securing admission of a child if—

(a)

the authority is satisfied that the child’s interest requires the additional learning provision identified in his or her plan to be made at the school, and

(b)

it is appropriate for the child to be provided with education or training at the school.

(5)

Subsection (2) has effect despite any duty imposed on the governing body of a school by section 1(6) of the School Standards and Framework Act 1998 (c. 31) (limits on infant class sizes).

(6)

Subsection (2) does not affect any power to exclude a pupil from a school.

(7)

In this section, “admissions authority” has the meaning given by section 88 of the School Standards and Framework Act 1998.