The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 4 and Transitional and Saving Provisions) Order 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (“the Act”).

The Act establishes a statutory framework for supporting children and young people with additional learning needs. This replaces the legislation surrounding special educational needs and the assessment of children and young people with learning difficulties.

The provisions listed in article 3 come into force on 1 September 2021 in relation to those who are not over compulsory school age, attend a maintained school, who have certain identified special educational needs and who are either looked after children or registered at another institution. The provisions also come into force for those who are not over compulsory school age and who attend a pupil referral unit and have certain identified special educational needs. It excludes some others engaged with the current statutory framework including those with a statement of special educational needs.

Article 1 contains definitions, including the “new law” in the Act and the “old law” in Part 4 of the Education Act 1996. Until a child is transferred to the new law, the old law will continue to apply to the child and the new law will not have effect.

This Order transfers a child to the new law depending on the child’s year group in a particular school year (articles 5 and 6). For example, a child who on 1 September 2021 is in a nursery class or in year 1, 3, 5, 7 or 10 will transfer to the new law on 1 September 2021. A child who is in a nursery class or in year 1, 5, 9 or 10 during the school year 2022-2023 will transfer to the new law on 1 September 2022. Any child who had identified special educational needs on 1 September 2021 and who did not transfer to the new law by virtue of article 5 or 6, will transfer to the new law on 1 September 2023 (article 7).

A child with identified special educational needs or the child’s parent can request that the appropriate person decides under Part 2 of the Act whether the child has additional learning needs. Such a request will trigger a transfer to the new law (article 8).

When preparing an individual development plan for a child with identified special educational needs regard must be had to the special educational provision the child was receiving immediately before the decision was made under Part 2 of the Act that the child has additional learning needs (article 9).