PART 2

ADDITIONAL LEARNING NEEDS
CHAPTER 4

AVOIDING AND RESOLVING DISAGREEMENTS

Appeals and applications to the Tribunal

Appeal and application rights
70
1
Subsection (2) applies to—
a
decisions of the governing body of an institution in the further education sector in Wales or a local authority;
b
individual development plans prepared or maintained by the governing body of an institution in the further education sector in Wales or a local authority;
c
individual development plans revised by a local authority under section 27(6).
2
A child or young person and, in the case of a child, the child’s parent, may appeal to the Education Tribunal for Wales against the following matters—
a
a decision by the governing body of an institution in the further education sector in Wales under section 11 or a local authority under section 13, 18 or 26 as to whether a person has additional learning needs;
b
in the case of a young person, a decision by a local authority under section 14(1)(c)(ii) as to whether it is necessary to prepare and maintain an individual development plan;
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 14(6) or 19(4) or the fact that provision under those sections 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 decision under section 27 not to revise an individual development plan;
i
a decision under section 28 not to take over responsibility for an individual development plan following a request to consider doing so;
j
a decision to cease to maintain an individual development plan under section 31(5) or 31(6);
k
a decision under section 32(2) that a governing body of a maintained school should cease to maintain a plan;
l
a refusal to decide a matter on the basis that section 11(3)(b), 13(2)(b), 18(2)(b) or 29(2)(a) applies (no material change in needs and no new information that materially affects the decision).
3
A child or a child’s parent may apply to the Education Tribunal for Wales for a declaration that the child either does or does not have the capacity to understand—
a
information or documents that must be given to a child under this Part, or
b
what it means to exercise the rights conferred on a child by this Part.
4
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).