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Prospective

PART 2 E+WADDITIONAL LEARNING NEEDS

CHAPTER 4E+WAVOIDING AND RESOLVING DISAGREEMENTS

Appeals and applications to the TribunalE+W

72Appeal rights: detained personsE+W

(1)Subsection (2) applies to—

(a)decisions of a home authority in Wales under section 40;

(b)individual development plans kept by a home authority under section 42.

(2)A detained person and, in the case of a detained person who is a child, the detained person's parent, may appeal to the Education Tribunal for Wales against the following matters—

(a)a decision of the home authority as to whether a detained person has additional learning needs;

(b)a decision of the home authority as to whether it will be necessary for an individual development plan to be maintained for a detained person when he or she is released from detention;

(c)the description of a person's additional learning needs in an individual development plan;

(d)the additional learning provision in an individual development plan or the fact that additional learning provision is not in a plan (including whether the plan specifies that additional learning provision should be provided in Welsh);

(e)the provision included in an individual development plan under section 40(7) or the fact that provision under that section is not in the plan;

(f)the school named in an individual development plan for the purpose of section 48;

(g)if no school is named in an individual development plan for the purpose of section 48, that fact;

(h)a refusal to make a decision under section 40(2) on the basis that section 41(2)(b) applies (no material change in needs and no new information that materially affects the decision).

(3)The exercise of rights under this section is subject to—

(a)provision made by regulations under sections 74, 75, 83 and 85(8);

(b)section 85(4).