Additional Learning Needs and Education Tribunal (Wales) Act 2018

11 Duty to decide: maintained schools and further education institutions

(1) Where it is brought to the attention of, or otherwise appears to, the governing body of a maintained school in Wales that a child or young person who is a registered pupil at the school may have additional learning needs, it must decide whether the child or young person has additional learning needs, unless any of the circumstances in subsection (3) apply.

(2) Where it is brought to the attention of, or otherwise appears to the governing body of an institution in the further education sector in Wales that a young person enrolled as a student at the institution may have additional learning needs, it must decide whether the young person has additional learning needs, unless any of the circumstances in subsection (3) apply.

(3) The circumstances are—

(a) an individual development plan is being maintained for the child or young person under this Part;

(b) the governing body has previously decided whether the child or young person has additional learning needs and the governing body is satisfied that—

(i) the child’s or young person’s needs have not changed materially since that decision was made, and

(ii) there is no new information that materially affects that decision;

(c) the decision is about a young person and the young person does not consent to the decision being made;

(d) 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) and a local authority is responsible for him or her;

(e) a local authority in England maintains an EHC plan for the child or young person.

(4) If the governing body decides that the child or young person does not have additional learning needs 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) This section does not apply to a child who is looked after by a local authority (see section 17 (duty to refer a matter to an authority that looks after a child)), unless the child is in the area of a local authority in England.