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)
C1S. 26(1)(b) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401), regs. 1(2), 37(1)(k)
C2S. 26(1)(b) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401), regs. 1(2), 35(1)(h)
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)