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Additional Learning Needs and Education Tribunal (Wales) Act 2018

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Additional Learning Needs and Education Tribunal (Wales) Act 2018. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. General Overview of the Act

  3. Commentary on Sections of the Act

    1. Part 1 – Overview

      1. Section 1 - Overview of this Act

    2. Part 2 – Additional Learning Needs

      1. Chapter 1 – Key Terms, Code and Participation

        1. Key terms

          1. Section 2 - Additional learning needs

          2. Section 3 - Additional learning provision

        2. Code of practice

          1. Section 4 - Additional learning needs code

          2. Section 5 - Procedure for making the code

        3. Participation, United Nations conventions and access to information

          1. Section 6 - Duty to involve and support children, their parents and young people

          2. Sections 7 and 8 – Duties to have regard to the United Nations Convention on the Rights of the Child and the United Nations Convention of the Rights of Persons with Disabilities

          3. Section 9 - Advice and information

      2. Chapter 2 – Individual Development Plans

        1. Preparing and maintaining individual development plans

          1. Section 10 - Individual development plans

          2. Section 11 - Duty to decide: maintained schools and further education institutions

          3. Section 12 - Duties to prepare and maintain plans: maintained schools and further education institutions

          4. Section 13 - Duty to decide: local authorities

          5. Section 14 - Duties to prepare and maintain plans: local authorities

        2. Additional learning provision for looked after children

          1. Sections 15 to 19 - Key terms, Amendments to the Social Services and Well-being (Wales) Act 2014, Duty to refer a matter to a local authority that looks after a child, Duty to decide whether a looked after child has additional learning needs, Duties to prepare and maintain plans for looked after children

          2. Section 20 - Additional learning provision: Local Health Boards and NHS Trusts

          3. Section 21 - Individual development plans: Local Health Boards and NHS Trusts

        3. Information about plans

          1. Section 22 - Provision of information about individual development plans

        4. Review of plans

          1. Section 23 - Review and revision of individual development plans

          2. Section 24 - Review and revision of individual development plans for looked after children

          3. Section 25 - Relationship of individual development plans to other similar documents

        5. Local authority reconsideration of governing body decisions and plans

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

          2. Section 27 - Reconsideration by local authorities of plans maintained under section 12

          3. Section 28 - Local authority duty to decide whether to take over governing body plans

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

          5. Section 30 - Registration or enrolment at more than one institution

        6. Ceasing to maintain plans

          1. Section 31 - Ceasing to maintain individual development plans

          2. Section 32 - Reconsideration by local authorities of decisions of governing bodies under section 31

          3. Section 33 - Limitation on ceasing to maintain plans to allow reconsideration or appeal

          4. Section 34 - Individual development plan after a young person’s 25th birthday

        7. Transfer of plans

          1. Section 35 - Transfer of duties to maintain plans

          2. Section 36 – Request to transfer plan to governing body of further education institution

          3. Section 37 - Regulations about transfer of individual development plans

        8. Powers to direct governing bodies of maintained schools

          1. Section 38 - local authority power to direct governing bodies of maintained schools

        9. Additional learning provision for detained persons (sections 39 – 45)

          1. Section 39 - Meaning of “detained person” and other key terms

          2. Section 40 - Duty to prepare individual development plans for detained persons

          3. Section 41 - Circumstances in which the duty in section 40(2) does not apply

          4. Section 42 - Duty to keep individual development plans for detained persons

          5. Section 43 - Release of a detained person

          6. Section 44 - Certain provisions of Part 2 not to apply to children and young persons in detention

          7. Section 45 – Detention under Part 3 of the Mental Health Act 1983

        10. Necessity of plans

          1. Section 46 – Regulations about deciding whether an individual development plan is necessary

      3. Chapter 3 – Supplementary Functions

        1. Functions relating to securing additional learning provision

          1. Section 47 - Duty to take all reasonable steps to secure additional learning provision

          2. Section 48 - Duty to admit children to named maintained schools

          3. Section 49 - No power to charge for provision secured under this Part

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

          5. Section 51 - Duty to favour education for children at mainstream maintained schools

          6. Section 52 - Children with additional learning needs in mainstream maintained schools

          7. Section 53 - Additional learning provision otherwise than in schools

          8. Section 54 - Amendments to registration requirements for independent schools in Wales

          9. Section 55 - Conditions applicable to securing additional learning provision at independent schools

          10. Section 56 - List of independent special post-16 institutions

          11. Section 57 - Abolition of approval of non-maintained special schools in Wales

          12. Section 58 - Abolition of approval of independent schools in Wales

          13. Section 59 - Additional learning provision outside England and Wales

        2. Additional learning needs co-ordinating officers

          1. Section 60 - Additional learning needs co-ordinator

          2. Section 61 - Designated education clinical lead officer

          3. Section 62 – Early years additional learning needs lead officer

        3. Miscellaneous functions

          1. Section 63 - Duty to keep additional learning provision under review

          2. Section 64 - Duty of health bodies to notify parents etc.

          3. Section 65 - Duties to provide information and other help

          4. Section 66 - Right of local authority to access premises of schools and other institutions

          5. Section 67 - Provision of goods or services in relation to additional learning provision

      4. Chapter 4 – Avoiding and Resolving Disagreements

        1. Local authority arrangements

          1. Section 68 - Arrangements for the avoidance and resolution of disagreements

          2. Section 69 - Independent advocacy services

        2. Appeals and applications to the Tribunal

          1. Section 70 - Appeal and application rights

          2. Section 71 - Decisions on appeals and applications under section 70

          3. Section 72 - Appeal rights: detained persons

          4. Section 73 - Decisions on appeals under section 72

          5. Section 74 - Regulations about appeals and applications

          6. Section 75 - Regulations about procedure

          7. Section 76 – NHS Bodies: evidence and Tribunal recommendations

          8. Section 77 - Compliance with orders

          9. Section 78 – Power to share documents and other information with the Welsh Ministers

          10. Section 79 - Offence

          11. Section 80 - Allowances for attendance at the Education Tribunal for Wales

          12. Section 81 - Appeals from the Education Tribunal for Wales to the Upper Tribunal

      5. Chapter 5 – General

        1. Section 82 - Regulations about disclosure and use of information

        2. Section 83 - Parents and young people lacking capacity

        3. Section 84 - Capacity of children

        4. Section 85 - Case friends for children who lack capacity

        5. Higher education courses provided by further education institutions

          1. Section 86 – Students at further education institutions undertaking higher education courses

          2. Section 87 - Application of reconsideration provisions to pupils and students resident in England

          3. Section 88 - Giving notice etc. under this Part

          4. Section 89 - Review of additional learning provision in Welsh

          5. Section 90 - Power to amend duties to secure additional learning provision in Welsh

    3. Part 3 – Education Tribunal for Wales

      1. Section 91 - Constitution of the Education Tribunal for Wales

      2. Section 92 - The President and members of the panels

      3. Section 93 – Deputy President of the Tribunal

      4. Section 94 - Remuneration and expenses

    4. Part 4 – Miscellaneous and General

      1. Section 95 - Meaning of “in the area” of a local authority

      2. Section 96 - Minor and consequential amendments and repeals

      3. Section 97 - Power to make consequential and transitional provision etc.

      4. Section 98 - Regulations

      5. Section 99 - General interpretation

      6. Section 100 - Coming into force

      7. Section 101- Short title and inclusion as one of the Education Acts

    5. Schedule 1 – Minor and Consequential Amendments and Repeals

  4. Record of Proceedings in National Assembly for Wales

  • Explanatory Notes Table of contents

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Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.

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