Additional Learning Needs and Education Tribunal (Wales) Act 2018

48 Duty to admit children to named maintained schools E+W

(1) Subsection (2) applies if a maintained school in Wales is named in an individual development plan prepared or maintained for a child by a local authority for the purpose of securing admission of the child to the school.

(2) The governing body of the school must admit the child.

(3) Before naming a school under this section, the local authority must consult—

(a) the governing body of the school, and

(b) in the case of a maintained school where neither the local authority nor its governing body is the admissions authority for the school, the local authority for the area in which the school is located.

(4) A local authority may only name a maintained school in an individual development plan for the purpose of securing admission of a child if—

(a) the authority is satisfied that the child's interest requires the additional learning provision identified in his or her plan to be made at the school, and

(b) it is appropriate for the child to be provided with education or training at the school.

(5) Subsection (2) has effect despite any duty imposed on the governing body of a school by section 1(6) of the School Standards and Framework Act 1998 (c. 31) (limits on infant class sizes).

(6) Subsection (2) does not affect any power to exclude a pupil from a school.

(7) In this section, “admissions authority” has the meaning given by section 88 of the School Standards and Framework Act 1998.

Commencement Information

I1 S. 48 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 3, 4 (as amended by S.I. 2021/938, art. 2(3))

I2 S. 48 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 6, 7 (as amended by S.I. 2021/938, art. 2(4)(5))

I3 S. 48 in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(f) (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3; and (10.6.2022) by S.I. 2022/663, art. 3) and (21.8.2023) by S.I. 2023/932, art. 3)

I4 S. 48 in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(f), 4 (with art. 1(4))

I5 S. 48 in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(f) (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2; (10.6.2022) by S.I. 2022/663, art. 2 and (21.8.2023) by S.I. 2023/932, art. 2)