The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 5 and Transitional and Saving Provisions) Order 2021

ALN Notice

14.—(1) This article applies to a child who on 1 January 2022 had identified special educational needs.

(2) Subject to paragraph (5), the appropriate local authority may at any time give an ALN notice to a child and that child’s parent.

(3) A child who has ceased to be a registered pupil at a maintained school in Wales and to whom the new law does not apply, or that child’s parent may request that the appropriate local authority gives an ALN notice, and the appropriate local authority must give an ALN notice within 10 working days of the request.

(4) The effect of the ALN notice is that—

(a) the new law applies in relation to the child on the date of the notice; and

(b) the old law ceases to apply in relation to the child on the date of the notice.

(5) The appropriate local authority may only give an ALN notice in exceptional circumstances, unless the ALN notice is given as a result of a request made under paragraph (3).

(6) In this article the “appropriate local authority” means—

(a) the local authority in Wales which is responsible for the child,

(b) where a local authority in Wales is not responsible for the child, a local authority in Wales in whose area the maintained school at which the child is a registered pupil is located.