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Additional Learning Needs and Education Tribunal (Wales) Act 2018

Changes over time for: Cross Heading: Local authority reconsideration of governing body decisions and plans

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Additional Learning Needs and Education Tribunal (Wales) Act 2018, Cross Heading: Local authority reconsideration of governing body decisions and plans is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Part 2 Chapter 2 Crossheading Local-authority-reconsideration-of-governing-body-decisions-and-plans:

  • specified provision(s) coming into force by S.I. 2021/381 art. 2 3 (This commencement not applied to legislation.gov.uk. S.I. 2021/381 revoked (12.8.2021) by S.I. 2021/938, art. 3)
  • specified provision(s) coming into force by S.I. 2021/383 art. 2 3 (This commencement not applied to legislation.gov.uk. S.I. 2021/383 revoked (12.8.20210) by S.I. 2021/938, art. 4)

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):

Local authority reconsideration of governing body decisions and plansE+W

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

(1)Subsection (2) applies where—

(a)a governing body of a maintained school has made a decision about a registered pupil under section 11(1) or has refused to make a decision under that section, and

(b)the child or young person or, in the case of a child, the child's parent requests the local authority responsible for the child or young person to reconsider the matter.

(2)The local authority must decide whether the child or young person has additional learning needs.

(3)Before it makes its decision, the local authority must inform the governing body of the request and invite representations from the governing body.

(4)For the purposes of this Part, a decision under subsection (2) is to be treated as a decision under section 13(1).

(5)Where a local authority makes a decision under subsection (2), the previous decision of the governing body under section 11(1) ceases to have effect.

Modifications etc. (not altering text)

Commencement Information

I1S. 26 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 3, 4 (as amended by S.I. 2021/735, art. 2(2)(a) and S.I. 2021/938, art. 2(3))

I2S. 26 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 6, 7 (as amended by S.I. 2021/735, art. 2(3)(a) and S.I. 2021/938, art. 2(4)(5))

I3S. 26 in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(c), 4 (with art. 1(4))

I4S. 26 in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(c) (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2; (10.6.2022) by S.I. 2022/663, art. 2 and (21.8.2023) by S.I. 2023/932, art. 2)

I5S. 26 in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(c) (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3; and (10.6.2022) by S.I. 2022/663, art. 3 and (21.8.2023) by S.I. 2023/932, art. 3)

I6S. 26 in force at 1.9.2022 for specified purposes by S.I. 2022/892, art. 3(c) (with arts. 2, 4-18)

I7S. 26 in force at 1.9.2022 for specified purposes by S.I. 2022/898, arts. 2(c), 3

I8S. 26 in force at 1.9.2022 for specified purposes by S.I. 2022/897, art. 3(c) (with arts. 1(8), 4-21) (as amended (21.8.2023) by S.I. 2023/932, art. 6)

I9S. 26 in force at 1.9.2022 for specified purposes by S.I. 2022/895, arts. 3(c), 4

I10S. 26 in force at 1.9.2022 for specified purposes by S.I. 2022/896, art. 3(c) (with arts. 4-22) (as amended (21.8.2023) by S.I. 2023/932, art. 5)

I11S. 26 in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 4 (with art. 1(2))

I12S. 26 in force at 1.9.2022 for specified purposes by S.I. 2022/894, art. 3(c)

I13S. 26 in force at 1.9.2022 for specified purposes by S.I. 2022/891, art. 3(c) (with arts. 4-25) (as amended (21.8.2023) by S.I. 2023/932, art. 4)

27Reconsideration by local authorities of plans maintained under section 12E+W

(1)Subsection (2) applies where—

(a)a governing body of a maintained school maintains an individual development plan for a registered pupil under section 12(1) or 12 (3) , and

(b)the child or young person or, in the case of a child, the child's parent requests the local authority responsible for the child or young person to reconsider the plan with a view to it being revised.

(2)The local authority must reconsider the plan and decide whether or not to revise the plan.

(3)Before it makes its decision, the local authority must inform the governing body of the request and invite representations from the governing body.

(4)If the local authority decides that the plan should not be revised it must notify the child or young person and, in the case of a child, the child's parent of—

(a)the decision, and

(b)the reasons for the decision.

(5)The local authority must give a copy of a notification under subsection (4) to the governing body.

(6)If the local authority decides that the plan should be revised, or is ordered to revise it by the Education Tribunal for Wales, it must prepare a revised plan and either—

(a)direct the governing body to maintain it, or

(b)exercise the power in section 28(6) to take over responsibility for maintaining the plan.

(7)The local authority must give a copy of the revised plan to the governing body (for provision about others to whom a copy must be given, see section 23(11)).

Modifications etc. (not altering text)

Commencement Information

I14S. 27 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 3, 4 (as amended by S.I. 2021/735, art. 2(2)(a) and S.I. 2021/938, art. 2(3))

I15S. 27 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 6, 7 (as amended by S.I. 2021/735, art. 2(3)(a) and S.I. 2021/938, art. 2(4)(5))

I16S. 27 in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(c) (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3; and (10.6.2022) by S.I. 2022/663, art. 3 and (21.8.2023) by S.I. 2023/932, art. 3)

I17S. 27 in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(c), 4 (with art. 1(4))

I18S. 27 in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(c) (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2; (10.6.2022) by S.I. 2022/663, art. 2 and (21.8.2023) by S.I. 2023/932, art. 2)

I19S. 27 in force at 1.9.2022 for specified purposes by S.I. 2022/894, art. 3(c)

I20S. 27 in force at 1.9.2022 for specified purposes by S.I. 2022/891, art. 3(c) (with arts. 4-25) (as amended (21.8.2023) by S.I. 2023/932, art. 4)

I21S. 27 in force at 1.9.2022 for specified purposes by S.I. 2022/895, arts. 3(c), 4

I22S. 27 in force at 1.9.2022 for specified purposes by S.I. 2022/892, art. 3(c) (with arts. 2, 4-18)

I23S. 27 in force at 1.9.2022 for specified purposes by S.I. 2022/896, art. 3(c) (with arts. 4-22) (as amended (21.8.2023) by S.I. 2023/932, art. 5)

I24S. 27 in force at 1.9.2022 for specified purposes by S.I. 2022/897, art. 3(c) (with arts. 1(8), 4-21) (as amended (21.8.2023) by S.I. 2023/932, art. 6)

I25S. 27 in force at 1.9.2022 for specified purposes by S.I. 2022/898, arts. 2(c), 3

I26S. 27 in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 4 (with art. 1(2))

28Local authority duty to decide whether to take over governing body plansE+W

(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).

Modifications etc. (not altering text)

Commencement Information

I27S. 28 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 3, 4 (as amended by S.I. 2021/735, art. 2(2)(a) and S.I. 2021/938, art. 2(3))

I28S. 28 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 6, 7 (as amended by S.I. 2021/735, art. 2(3)(a) and S.I. 2021/938, art. 2(4)(5))

I29S. 28 in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(c) (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2; (10.6.2022) by S.I. 2022/663, art. 2 and (21.8.2023) by S.I. 2023/932, art. 2)

I30S. 28 in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(c) (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3; and (10.6.2022) by S.I. 2022/663, art. 3 ; and (21.8.2023) by S.I. 2023/932, art. 3)

I31S. 28 in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(c), 4 (with art. 1(4))

I32S. 28 in force at 1.9.2022 for specified purposes by S.I. 2022/894, art. 3(c)

I33S. 28 in force at 1.9.2022 for specified purposes by S.I. 2022/891, art. 3(c) (with arts. 4-25) (as amended (21.8.2023) by S.I. 2023/932, art. 4)

I34S. 28 in force at 1.9.2022 for specified purposes by S.I. 2022/898, arts. 2(c), 3

I35S. 28 in force at 1.9.2022 for specified purposes by S.I. 2022/896, art. 3(c) (with arts. 4-22) (as amended (21.8.2023) by S.I. 2023/932, art. 5)

I36S. 28 in force at 1.9.2022 for specified purposes by S.I. 2022/897, art. 3(c) (with arts. 1(8), 4-21) (as amended (21.8.2023) by S.I. 2023/932, art. 6)

I37S. 28 in force at 1.9.2022 for specified purposes by S.I. 2022/895, arts. 3(c), 4

I38S. 28 in force at 1.9.2022 for specified purposes by S.I. 2022/892, art. 3(c) (with arts. 2, 4-18)

I39S. 28 in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 4 (with art. 1(2))

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

(1)Following a request under section 26(1)(b), 27(1)(b) or 28(1)(b), the duty in section 26(2), 27(2) or 28(3) (as the case may be) does not apply in relation to a child or young person if any of the circumstances in subsection (2) apply.

(2)The circumstances are—

(a)the local authority has previously made a decision under the same section in relation to the same child or young person and it is satisfied that—

(i)the child's or young person's needs have not changed materially since the previous decision, and

(ii)there is no new information that would materially affect that decision.

(b)the request relates to a child who has become looked after by a local authority.

Commencement Information

I40S. 29 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 3, 4 (as amended by S.I. 2021/735, art. 2(2)(a) and S.I. 2021/938, art. 2(3))

I41S. 29 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 6, 7 (as amended by S.I. 2021/735, art. 2(3)(a) and S.I. 2021/938, art. 2(4)(5))

I42S. 29 in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(c) (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3; and (10.6.2022) by S.I. 2022/663, art. 3 and (21.8.2023) by S.I. 2023/932, art. 3)

I43S. 29 in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(c) (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2; (10.6.2022) by S.I. 2022/663, art. 2 and (21.8.2023) by S.I. 2023/932, art. 2)

I44S. 29 in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(c), 4 (with art. 1(4))

I45S. 29 in force at 1.9.2022 for specified purposes by S.I. 2022/898, arts. 2(c), 3

I46S. 29 in force at 1.9.2022 for specified purposes by S.I. 2022/891, art. 3(c) (with arts. 4-25) (as amended (21.8.2023) by S.I. 2023/932, art. 4)

I47S. 29 in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 4 (with art. 1(2))

I48S. 29 in force at 1.9.2022 for specified purposes by S.I. 2022/896, art. 3(c) (with arts. 4-22) (as amended (21.8.2023) by S.I. 2023/932, art. 5)

I49S. 29 in force at 1.9.2022 for specified purposes by S.I. 2022/892, art. 3(c) (with arts. 2, 4-18)

I50S. 29 in force at 1.9.2022 for specified purposes by S.I. 2022/895, arts. 3(c), 4

I51S. 29 in force at 1.9.2022 for specified purposes by S.I. 2022/897, art. 3(c) (with arts. 1(8), 4-21) (as amended (21.8.2023) by S.I. 2023/932, art. 6)

I52S. 29 in force at 1.9.2022 for specified purposes by S.I. 2022/894, art. 3(c)

30Registration or enrolment at more than one institutionE+W

(1)Subsection (2) applies where—

(a)it is brought to the attention of, or otherwise appears to the governing body of a maintained school in Wales or an institution in the further education sector in Wales that a child or young person who is a registered pupil or enrolled student at the school or institution (as the case may be) may have additional learning needs,

(b)the child or young person is a registered pupil or an enrolled student at another institution (that institution being a school or an institution in the further education sector),

(c)the child or young person is to be provided with education or training at each of the institutions at which he or she is a registered pupil or an enrolled student,

(d)an individual development plan is not being maintained for the child or young person, and

(e)a local authority is responsible for the child or young person.

(2)The governing body must refer the child's or young person's case to the local authority responsible for the child or young person for the authority to decide under section 13(1).

(3)Subsections (4), (5) and (6) apply where—

(a)the governing body of a maintained school in Wales or an institution in the further education sector in Wales maintains an individual development plan for a child or young person,

(b)the child or young person becomes a registered pupil or an enrolled student at another institution (that institution being a school or an institution in the further education sector),

(c)the child or young person is to be provided with education or training at each of the institutions at which he or she is a registered pupil or an enrolled student, and

(d)a local authority is responsible for the child or young person.

(4)The local authority responsible for the child or young person must maintain the individual development plan instead of the governing body and the plan is to be treated as maintained by the local authority under section 14 for the purposes of this Part.

(5)The local authority's duty in subsection (4) takes effect on the day on which the authority is informed under subsection (6) or otherwise becomes aware that the circumstances mentioned in subsection (3) apply.

(6)If the governing body of a maintained school in Wales or an institution in the further education sector in Wales is aware that the circumstances described in subsection (3) apply in respect of a child or young person who is a registered pupil or an enrolled student at the school or institution (as the case may be), the governing body must inform the local authority responsible for the child or young person of that fact.

(7)A local authority may not exercise its power to direct under subsections (2)(b) or (4) of section 14 in relation to a child or young person who is a registered pupil or an enrolled student at more than one institution (whether a school or an institution in the further education sector) if he or she is to be provided with education or training at each of those institutions.

Commencement Information

I53S. 30 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 3, 4 (as amended by S.I. 2021/735, art. 2(2)(a) and S.I. 2021/938, art. 2(3))

I54S. 30 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 6, 7 (as amended by S.I. 2021/735, art. 2(3)(a) and S.I. 2021/938, art. 2(4)(5))

I55S. 30 in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(c) (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2; (10.6.2022) by S.I. 2022/663, art. 2 and (21.8.2023) by S.I. 2023/932, art. 2)

I56S. 30 in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(c), 4 (with art. 1(4))

I57S. 30 in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(c) (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3; and (10.6.2022) by S.I. 2022/663, art. 3 and (21.8.2023) by S.I. 2023/932, art. 3)

I58S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 4 (with art. 1(2))

I59S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/895, arts. 3(c), 4

I60S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/892, art. 3(c) (with arts. 2, 4-18)

I61S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/894, art. 3(c)

I62S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/898, arts. 2(c), 3

I63S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/891, art. 3(c) (with arts. 4-25) (as amended (21.8.2023) by S.I. 2023/932, art. 4)

I64S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/896, art. 3(c) (with arts. 4-22) (as amended (21.8.2023) by S.I. 2023/932, art. 5)

I65S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/897, art. 3(c) (with arts. 1(8), 4-21) (as amended (21.8.2023) by S.I. 2023/932, art. 6)

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