Legislation – Additional Learning Needs and Education Tribunal (Wales) Act 2018
PART 1
OVERVIEW
PART 2
ADDITIONAL LEARNING NEEDS
CHAPTER 1 KEY TERMS, CODE AND PARTICIPATION
3 Additional learning provision
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
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
22 Provision of information about individual development 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
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
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
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
63 Duty to keep additional learning provision under review
64 Duty of health bodies to notify parents
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
68 Arrangements for the avoidance and resolution of disagreements
69 Independent advocacy services
Appeals and applications to the
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
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
82 Regulations about disclosure and use of information
83 Parents and young people lacking capacity
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
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 and members of the panels
93 Deputy President of the Tribunal
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.
101 Short title and inclusion as one of the Education Acts
SCHEDULES
PART 2ADDITIONAL LEARNING NEEDS
CHAPTER 5GENERAL
Review of additional learning provision in Welsh
89Review of additional learning provision in Welsh
(1)
The Welsh Ministers must arrange—
(a)
for reviews of the sufficiency of additional learning provision in Welsh;
(b)
for reports on the outcome of the reviews to be produced and published.
(2)
Subsection (1) does not prevent reviews from also dealing with other matters.
(3)
The first report on the outcome of a review must be published before 1 September in the fifth year following the year in which any of the provisions of this Part are brought into force by order (whether for all or limited purposes).
(4)
The Welsh Ministers must publish subsequent reports before 1 September in every fifth year following the last year in which a report was required to be published.