Additional Learning Needs and Education Tribunal (Wales) Act 2018

Additional Learning Needs and Education Tribunal (Wales) Act 2018

2

Commentary on Sections of the Act

Part 2 – Additional Learning Needs

Chapter 4 – Avoiding and Resolving Disagreements.

Appeals and applications to the Tribunal

Section 78 – Power to share documents and other information with the Welsh Ministers

168. This section gives the Tribunal power to share with the Welsh Ministers information about compliance with a Tribunal order or recommendation made under Part 2. However, this does not necessarily mean that it can share all information in any particular instance, as it will depend upon all the circumstances, whether it would be compatible with rights under the European Convention on Human Rights and would be subject to any other restrictions in law (for example under legislation on data protection).

169. This may assist the Welsh Ministers in monitoring the operation of the system provided for in the Act and inform consideration of whether to take action under other powers (e.g. under Part 2 of the School Standards and Organisation (Wales) Act 2013) in response to apparent non-compliance.