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The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 15) Order 2022

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Provisions coming into force on 1 September 2022

3.  A person who is not over compulsory school age—

(a)in relation to whom an EHC plan is being prepared;

(b)in relation to whom an EHC plan is being maintained;

(c)in relation to whom a request to a local authority has been made to secure an EHC needs assessment under section 36(1) of the 2014 Act and the local authority has not determined that request under section 36(3);

(d)in relation to whom a local authority has determined under section 36 of the 2014 Act not to secure an EHC assessment and—

(i)the period for pursuing mediation in relation to that determination under section 52 of the 2014 Act has not ended;

(ii)mediation under section 55 of the 2014 Act is ongoing in relation to that determination;

(iii)a mediation certificate has been issued under section 55(4) of the 2014 Act in relation to that determination and the period for submitting an appeal to the First-tier Tribunal under section 51 of the 2014 Act has not ended;

(iv)an appeal to the First-tier Tribunal under section 51(2)(a) of the 2014 Act in relation to that determination has been brought but not finally determined;

(v)an appeal to the First-tier Tribunal under section 51(2)(a) of the 2014 Act in relation to that determination has been brought and fully determined and the local authority was ordered to arrange an assessment or re-assessment, and that assessment or re-assessment has not commenced;

(e)in relation to whom a local authority has served a notice under section 36(7) of the 2014 Act that it is considering securing an EHC needs assessment and—

(i)the assessment has not commenced,

(ii)the assessment is ongoing, or

(iii)no notice has been served under section 36(9) of the 2014 Act;

(f)in relation to whom a local authority has determined under section 36(9) of the 2014 Act that it is not necessary for special educational provision to be made in accordance with an EHC plan and—

(i)the period for pursuing mediation in relation to that determination under section 52 of the 2014 Act has not ended;

(ii)mediation under section 55 of the 2014 Act is ongoing in relation to that determination;

(iii)a mediation certificate has been issued under section 55(4) of the 2014 Act in relation to that determination and the period for submitting an appeal to the First-tier Tribunal under section 51 of the 2014 Act has not ended;

(iv)an appeal to the First-tier Tribunal under section 51(2)(b) of the 2014 Act in relation to that determination has been brought but not finally determined;

(v)an appeal to the First-tier Tribunal under section 51(2)(b) of the 2014 Act in relation to that determination has been brought and finally determined and the local authority was ordered to—

(aa)make and maintain an EHC plan and the making of the EHC plan has not commenced, or

(bb)reconsider its decision and that reconsideration has not commenced;

(g)in relation to whom a local authority has determined under section 45 of the 2014 Act that it is no longer necessary for an EHC plan to be maintained and—

(i)the period for pursuing mediation in relation to that determination under section 52 of the 2014 Act has not ended;

(ii)mediation under section 55 of the 2014 Act is ongoing in relation to that determination;

(iii)a mediation certificate has been issued under section 55(4) of the 2014 Act in relation to that determination and the period for submitting an appeal to the First-tier Tribunal under section 51 of the 2014 Act has not ended;

(iv)an appeal to the First-tier Tribunal under section 51(2)(f) of the 2014 Act in relation to that determination has been brought but not finally determined.

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