Commentary on Sections of the Act
Part 2 – Additional Learning Needs
Chapter 2 – Individual Development Plans
Local authority reconsideration of governing body decisions and plans
Section 26 - Reconsideration by local authorities of decisions under section 11(1)
Section 27 - Reconsideration by local authorities of plans maintained under section 12
Section 28 - Local authority duty to decide whether to take over governing body plans
Section 29 - Circumstances in which the duties in sections 26(2), 27(2) and 28(3) do not apply
Section 30 - Registration or enrolment at more than one institution
Section 31 - Ceasing to maintain individual development plans
Section 32 - Reconsideration by local authorities of decisions of governing bodies under section 31
Section 33 - Limitation on ceasing to maintain plans to allow reconsideration or appeal
Section 34 - Individual development plan after a young person’s 25th birthday
Additional learning provision for detained persons (sections 39 – 45)
Section 39 - Meaning of “detained person” and other key terms
Section 40 - Duty to prepare individual development plans for detained persons
Section 41 - Circumstances in which the duty in section 40(2) does not apply
Section 42 - Duty to keep individual development plans for detained persons
Section 44 - Certain provisions of Part 2 not to apply to children and young persons in detention
Section 45 – Detention under Part 3 of the Mental Health Act 1983
Chapter 3 – Supplementary Functions
Functions relating to securing additional learning provision
Section 47 - Duty to take all reasonable steps to secure additional learning provision
Section 48 - Duty to admit children to named maintained schools
Section 49 - No power to charge for provision secured under this Part
Section 50 - Welsh Ministers’ duties to secure post-16 education and training
Section 51 - Duty to favour education for children at mainstream maintained schools
Section 52 - Children with additional learning needs in mainstream maintained schools
Section 53 - Additional learning provision otherwise than in schools
Section 54 - Amendments to registration requirements for independent schools in Wales
Section 55 - Conditions applicable to securing additional learning provision at independent schools
Section 56 - List of independent special post-16 institutions
Section 57 - Abolition of approval of non-maintained special schools in Wales
Section 58 - Abolition of approval of independent schools in Wales
Section 59 - Additional learning provision outside England and Wales
Chapter 4 – Avoiding and Resolving Disagreements
Appeals and applications to the Tribunal
Section 71 - Decisions on appeals and applications under section 70
Section 76 – NHS Bodies: evidence and Tribunal recommendations
Section 78 – Power to share documents and other information with the Welsh Ministers
Section 80 - Allowances for attendance at the Education Tribunal for Wales
Section 81 - Appeals from the Education Tribunal for Wales to the Upper Tribunal
Section 82 - Regulations about disclosure and use of information
Higher education courses provided by further education institutions
Section 86 – Students at further education institutions undertaking higher education courses
Section 87 - Application of reconsideration provisions to pupils and students resident in England
Section 89 - Review of additional learning provision in Welsh
Section 90 - Power to amend duties to secure additional learning provision in Welsh
- Blaenorol
- Nodiadau Esboniadol Tabl o’r Cynnwys
- Nesaf