Additional Learning Needs and Education Tribunal (Wales) Act 2018
PART 1OVERVIEW
1Overview of this Act
PART 2ADDITIONAL LEARNING NEEDS
CHAPTER 1KEY TERMS, CODE AND PARTICIPATION
Key terms
2Additional learning needs
3Additional learning provision
Code of practice
4Additional learning needs code
5Procedure for making the code
Participation, United Nations conventions and access to information
6Duty to involve and support children, their parents and young people
7Duty to have regard to the United Nations Convention on the Rights of the Child
8Duty to have regard to the United Nations Convention on the Rights of Persons with Disabilities
9Advice and information
CHAPTER 2INDIVIDUAL DEVELOPMENT PLANS
Preparing and maintaining individual development plans
10Individual development plans
11Duty to decide: maintained schools and further education institutions
12Duties to prepare and maintain plans: maintained schools and further education institutions
13Duty to decide: local authorities
14Duties to prepare and maintain plans: local authorities
Additional learning provision for looked after children
15Key terms
16Amendments to the Social Services and Well-being (Wales) Act 2014
17Duty to refer a matter to a local authority that looks after a child
18Duty to decide whether a looked after child has additional learning needs
19Duties to prepare and maintain plans for looked after children
Additional learning provision and NHS bodies
20Additional learning provision: Local Health Boards and NHS trusts
21Individual development plans: Local Health Boards and NHS trusts
Information about plans
22Provision of information about individual development plans
Review of plans
23Review and revision of individual development plans
24Review and revision of individual development plans for looked after children
25Relationship of individual development plans to other similar documents
Local authority reconsideration of governing body decisions and plans
26Reconsideration by local authorities of decisions under section 11(1)
27Reconsideration by local authorities of plans maintained under section 12
28Local authority duty to decide whether to take over governing body plans
29Circumstances in which the duties in sections 26(2), 27(2) and 28(3) do not apply
30Registration or enrolment at more than one institution
Ceasing to maintain plans
31Ceasing to maintain individual development plans
32Reconsideration by local authorities of decisions of governing bodies under section 31
33Limitation on ceasing to maintain plans to allow reconsideration or appeal
34Individual development plan after a young person's 25th birthday
Transfer of plans
35Transfer of duties to maintain plans
36Request to transfer plan to governing body of further education institution
37Regulations about transfer of individual development plans
Powers to direct governing bodies of maintained schools
38Local authority power to direct governing bodies of maintained schools
Additional learning provision for detained persons
39Meaning of “detained person” and other key terms
40Duty to prepare individual development plans for detained persons
41Circumstances in which the duty in section 40(2) does not apply
42Duty to keep individual development plans for detained persons
43Release of a detained person
44Certain provisions of Part 2 not to apply to children and young persons in detention
45Detention under Part 3 of the Mental Health Act 1983
Necessity of plans
46Regulations about deciding whether an individual development plan is necessary
CHAPTER 3SUPPLEMENTARY FUNCTIONS
Functions relating to securing additional learning provision
47Duty to take all reasonable steps to secure additional learning provision
48Duty to admit children to named maintained schools
49No power to charge for provision secured under this Part
50Welsh Ministers' duties to secure post-16 education and training
Additional learning provision in particular kinds of school or other institution
51Duty to favour education for children at mainstream maintained schools
52Children with additional learning needs in mainstream maintained schools
53Additional learning provision otherwise than in schools
54Amendments to registration requirements for independent schools in Wales
55Conditions applicable to securing additional learning provision at independent schools
56List of independent special post-16 institutions
57Abolition of approval of non-maintained special schools in Wales
58Abolition of approval of independent schools in Wales
59Additional learning provision outside England and Wales
Additional learning needs co-ordinating officers
60Additional learning needs co-ordinator
61Designated education clinical lead officer
62Early years additional learning needs lead officer
Miscellaneous functions
63Duty to keep additional learning provision under review
64Duty of health bodies to notify parents etc.
65Duties to provide information and other help
66Right of local authority to access premises of schools and other institutions
67Provision of goods or services in relation to additional learning provision
CHAPTER 4AVOIDING AND RESOLVING DISAGREEMENTS
Local authority arrangements
68Arrangements for the avoidance and resolution of disagreements
69Independent advocacy services
Appeals and applications to the Tribunal
70Appeal and application rights
71Decisions on appeals and applications under section 70
72Appeal rights: detained persons
73Decisions on appeals under section 72
74Regulations about appeals and applications
75Regulations about procedure
76NHS Bodies: evidence and Tribunal recommendations
77Compliance with orders
78Power to share documents and other information with the Welsh Ministers
79Offence
80Allowances for attendance at the Education Tribunal for Wales
81Appeals from the Education Tribunal for Wales to the Upper Tribunal
CHAPTER 5GENERAL
Information
82Regulations about disclosure and use of information
Capacity
83Parents and young people lacking capacity
84Capacity of children
85Case friends for children who lack capacity
Higher education courses provided by further education institutions
86Students at further education institutions undertaking higher education courses
Pupils and students at Welsh institutions who are resident in England
87Application of reconsideration provisions to pupils and students resident in England
Giving notice etc.
88Giving notice etc. under this Part
Review of additional learning provision in Welsh
89Review of additional learning provision in Welsh
90Power to amend duties to secure additional learning provision in Welsh
PART 3EDUCATION TRIBUNAL FOR WALES
91Constitution of the Education Tribunal for Wales
92The President and members of the panels
93Deputy President of the Tribunal
94Remuneration and expenses
PART 4MISCELLANEOUS AND GENERAL
Miscellaneous
95Meaning of “in the area” of a local authority
General
96Minor and consequential amendments and repeals
97Power to make consequential and transitional provision etc.
98Regulations
99General interpretation
100Coming into force
101Short title and inclusion as one of the Education Acts
SCHEDULE 1MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS
Local Authority Social Services Act 1970 (c. 42)
1In Schedule 1 to the Local Authority Social Services Act...
Children Act 1989 (c. 41)
2(1) The Children Act 1989 is amended as follows.
Tribunals and Inquiries Act 1992 (c. 53)
3In Schedule 1 to the Tribunals and Inquiries Act 1992...
Education Act 1996 (c. 56)
4(1) The Education Act 1996 is amended as follows.
5. . . . . . . . . ....
6In consequence of the amendments made by paragraphs 4 and...
School Standards and Framework Act 1998 (c. 31)
7(1) The School Standards and Framework Act 1998 is amended...
Learning and Skills Act 2000 (c. 21)
8(1) The Learning and Skills Act 2000 is amended as...
Education Act 2002 (c. 32)
9(1) The Education Act 2002 is amended as follows.
Constitutional Reform Act 2005 (c. 4)
10In paragraph 4 of Schedule 7 to the Constitutional Reform...
National Health Service Act 2006 (c. 41)
11In Schedule 1 to the National Health Service Act 2006...
National Health Service (Wales) Act 2006 (c. 42)
12In Schedule 1 to the National Health Service (Wales) Act...
Tribunals, Courts and Enforcement Act 2007 (c. 15)
13In Part 7 of Schedule 6 to the Tribunals, Courts...
Learner Travel (Wales) Measure 2008 (nawm 2)
14(1) The Learner Travel (Wales) Measure 2008 is amended as...
Education and Skills Act 2008 (c.25)
15(1) The Education and Skills Act 2008 is amended as...
Learning and Skills (Wales) Measure 2009 (nawm 2)
16In the Schedule to the Learning and Skills (Wales) Measure...
Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)
17In section 129 of the Apprenticeships, Skills, Children and Learning...
Education (Wales) Measure 2009 (nawm 7)
18(1) The Education (Wales) Measure 2009 is amended as follows....
Equality Act 2010 (c. 15)
19(1) The Equality Act 2010 is amended as follows.
Welsh Language (Wales) Measure 2011 (nawm 1)
20In Schedule 6 to the Welsh Language (Wales) Measure 2011...
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)
21(1) The Legal Aid, Sentencing and Punishment of Offenders Act...
School Standards and Organisation (Wales) Act 2013 (anaw 1)
22(1) The School Standards and Organisation (Wales) Act 2013 is...
Children and Families Act 2014 (c. 6)
23(1) The Children and Families Act 2014 is amended as...
Social Services and Well-being (Wales) Act 2014 (anaw 4)
24(1) The Social Services and Well-being (Wales) Act 2014 is...

Additional Learning Needs and Education Tribunal (Wales) Act 2018

2018 anaw 2

An Act of the National Assembly for Wales to reform the law on education and training for children and young people with additional learning needs; and to continue the Special Educational Needs Tribunal for Wales and to rename it the Education Tribunal for Wales.

Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:C2C3C1C4

Annotations:
Modifications etc. (not altering text)