Additional Learning Needs and Education Tribunal (Wales) Act 2018

1. Introductory Text

2. PART 1 OVERVIEW

   1. 1. Overview of this Act

3. PART 2 ADDITIONAL LEARNING NEEDS

   1. CHAPTER 1 KEY TERMS, CODE AND PARTICIPATION

      1. Key terms

         1. 2. Additional learning needs

         2. 3. Additional learning provision

      2. Code of practice

         1. 4. Additional learning needs code

         2. 5. Procedure for making the code

      3. Participation, United Nations conventions and access to information

         1. 6. Duty to involve and support children, their parents and young people

         2. 7. Duty to have regard to the United Nations Convention on the Rights of the Child

         3. 8. Duty to have regard to the United Nations Convention on the Rights of Persons with Disabilities

         4. 9. Advice and information

   2. CHAPTER 2 INDIVIDUAL DEVELOPMENT PLANS

      1. Preparing and maintaining individual development plans

         1. 10. Individual development plans

         2. 11. Duty to decide: maintained schools and further education institutions

         3. 12. Duties to prepare and maintain plans: maintained schools and further education institutions

         4. 13. Duty to decide: local authorities

         5. 14. Duties to prepare and maintain plans: local authorities

      2. Additional learning provision for looked after children

         1. 15. Key terms

         2. 16. Amendments to the Social Services and Well-being (Wales) Act 2014

         3. 17. Duty to refer a matter to a local authority that looks after a child

         4. 18. Duty to decide whether a looked after child has additional learning needs

         5. 19. Duties to prepare and maintain plans for looked after children

      3. Additional learning provision and NHS bodies

         1. 20. Additional learning provision: Local Health Boards and NHS trusts

         2. 21. Individual development plans: Local Health Boards and NHS trusts

      4. Information about plans

         1. 22. Provision of information about individual development plans

      5. Review of plans

         1. 23. Review and revision of individual development plans

         2. 24. Review and revision of individual development plans for looked after children

         3. 25. Relationship of individual development plans to other similar documents

      6. Local authority reconsideration of governing body decisions and plans

         1. 26. Reconsideration by local authorities of decisions under section 11(1)

         2. 27. Reconsideration by local authorities of plans maintained under section 12

         3. 28. Local authority duty to decide whether to take over governing body plans

         4. 29. Circumstances in which the duties in sections 26(2), 27(2) and 28(3) do not apply

         5. 30. Registration or enrolment at more than one institution

      7. Ceasing to maintain plans

         1. 31. Ceasing to maintain individual development plans

         2. 32. Reconsideration by local authorities of decisions of governing bodies under section 31

         3. 33. Limitation on ceasing to maintain plans to allow reconsideration or appeal

         4. 34. Individual development plan after a young person's 25th birthday

      8. Transfer of plans

         1. 35. Transfer of duties to maintain plans

         2. 36. Request to transfer plan to governing body of further education institution

         3. 37. Regulations about transfer of individual development plans

      9. Powers to direct governing bodies of maintained schools

         1. 38. Local authority power to direct governing bodies of maintained schools

      10. Additional learning provision for detained persons

          1. 39. Meaning of “detained person” and other key terms

          2. 40. Duty to prepare individual development plans for detained persons

          3. 41. Circumstances in which the duty in section 40(2) does not apply

          4. 42. Duty to keep individual development plans for detained persons

          5. 43. Release of a detained person

          6. 44. Certain provisions of Part 2 not to apply to children and young persons in detention

          7. 45. Detention under Part 3 of the Mental Health Act 1983

      11. Necessity of plans

          1. 46. Regulations about deciding whether an individual development plan is necessary

   3. CHAPTER 3 SUPPLEMENTARY FUNCTIONS

      1. Functions relating to securing additional learning provision

         1. 47. Duty to take all reasonable steps to secure additional learning provision

         2. 48. Duty to admit children to named maintained schools

         3. 49. No power to charge for provision secured under this Part

         4. 50. Welsh Ministers' duties to secure post-16 education and training

      2. Additional learning provision in particular kinds of school or other institution

         1. 51. Duty to favour education for children at mainstream maintained schools

         2. 52. Children with additional learning needs in mainstream maintained schools

         3. 53. Additional learning provision otherwise than in schools

         4. 54. Amendments to registration requirements for independent schools in Wales

         5. 55. Conditions applicable to securing additional learning provision at independent schools

         6. 56. List of independent special post-16 institutions

         7. 57. Abolition of approval of non-maintained special schools in Wales

         8. 58. Abolition of approval of independent schools in Wales

         9. 59. Additional learning provision outside England and Wales

      3. Additional learning needs co-ordinating officers

         1. 60. Additional learning needs co-ordinator

         2. 61. Designated education clinical lead officer

         3. 62. Early years additional learning needs lead officer

      4. Miscellaneous functions

         1. 63. Duty to keep additional learning provision under review

         2. 64. Duty of health bodies to notify parents etc.

         3. 65. Duties to provide information and other help

         4. 66. Right of local authority to access premises of schools and other institutions

         5. 67. Provision of goods or services in relation to additional learning provision

   4. CHAPTER 4 AVOIDING AND RESOLVING DISAGREEMENTS

      1. Local authority arrangements

         1. 68. Arrangements for the avoidance and resolution of disagreements

         2. 69. Independent advocacy services

      2. Appeals and applications to the Tribunal

         1. 70. Appeal and application rights

         2. 71. Decisions on appeals and applications under section 70

         3. 72. Appeal rights: detained persons

         4. 73. Decisions on appeals under section 72

         5. 74. Regulations about appeals and applications

         6. 75. Regulations about procedure

         7. 76. NHS Bodies: evidence and Tribunal recommendations

         8. 77. Compliance with orders

         9. 78. Power to share documents and other information with the Welsh Ministers

         10. 79. Offence

         11. 80. Allowances for attendance at the Education Tribunal for Wales

         12. 81. Appeals from the Education Tribunal for Wales to the Upper Tribunal

   5. CHAPTER 5 GENERAL

      1. Information

         1. 82. Regulations about disclosure and use of information

      2. Capacity

         1. 83. Parents and young people lacking capacity

         2. 84. Capacity of children

         3. 85. Case friends for children who lack capacity

      3. Higher education courses provided by further education institutions

         1. 86. Students at further education institutions undertaking higher education courses

      4. Pupils and students at Welsh institutions who are resident in England

         1. 87. Application of reconsideration provisions to pupils and students resident in England

      5. Giving notice etc.

         1. 88. Giving notice etc. under this Part

      6. Review of additional learning provision in Welsh

         1. 89. Review of additional learning provision in Welsh

         2. 90. Power to amend duties to secure additional learning provision in Welsh

4. PART 3 EDUCATION TRIBUNAL FOR WALES

   1. 91. Constitution of the Education Tribunal for Wales

   2. 92. The President and members of the panels

   3. 93. Deputy President of the Tribunal

   4. 94. Remuneration and expenses

5. PART 4 MISCELLANEOUS AND GENERAL

   1. Miscellaneous

      1. 95. Meaning of “in the area” of a local authority

   2. General

      1. 96. Minor and consequential amendments and repeals

      2. 97. Power to make consequential and transitional provision etc.

      3. 98. Regulations

      4. 99. General interpretation

      5. 100. Coming into force

      6. 101. Short title and inclusion as one of the Education Acts

6. 1. SCHEDULE 1

      MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS

      1. Local Authority Social Services Act 1970 (c. 42)

         1. 1. In Schedule 1 to the Local Authority Social Services Act...

      2. Children Act 1989 (c. 41)

         1. 2. (1) The Children Act 1989 is amended as follows.

      3. Tribunals and Inquiries Act 1992 (c. 53)

         1. 3. In Schedule 1 to the Tribunals and Inquiries Act 1992...

      4. Education Act 1996 (c. 56)

         1. 4. (1) The Education Act 1996 is amended as follows.

         2. 5. In section 333(5) of the Education Act 1996—

         3. 6. In consequence of the amendments made by paragraphs 4 and...

      5. School Standards and Framework Act 1998 (c. 31)

         1. 7. (1) The School Standards and Framework Act 1998 is amended...

      6. Learning and Skills Act 2000 (c. 21)

         1. 8. (1) The Learning and Skills Act 2000 is amended as...

      7. Education Act 2002 (c. 32)

         1. 9. (1) The Education Act 2002 is amended as follows.

      8. Constitutional Reform Act 2005 (c. 4)

         1. 10. In paragraph 4 of Schedule 7 to the Constitutional Reform...

      9. National Health Service Act 2006 (c. 41)

         1. 11. In Schedule 1 to the National Health Service Act 2006...

      10. National Health Service (Wales) Act 2006 (c. 42)

          1. 12. In Schedule 1 to the National Health Service (Wales) Act...

      11. Tribunals, Courts and Enforcement Act 2007 (c. 15)

          1. 13. In Part 7 of Schedule 6 to the Tribunals, Courts...

      12. Learner Travel (Wales) Measure 2008 (nawm 2)

          1. 14. (1) The Learner Travel (Wales) Measure 2008 is amended as...

      13. Education and Skills Act 2008 (c.25)

          1. 15. (1) The Education and Skills Act 2008 is amended as...

      14. Learning and Skills (Wales) Measure 2009 (nawm 2)

          1. 16. In the Schedule to the Learning and Skills (Wales) Measure...

      15. Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)

          1. 17. In section 129 of the Apprenticeships, Skills, Children and Learning...

      16. Education (Wales) Measure 2009 (nawm 7)

          1. 18. (1) The Education (Wales) Measure 2009 is amended as follows....

      17. Equality Act 2010 (c. 15)

          1. 19. (1) The Equality Act 2010 is amended as follows.

      18. Welsh Language (Wales) Measure 2011 (nawm 1)

          1. 20. In Schedule 6 to the Welsh Language (Wales) Measure 2011...

      19. Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

          1. 21. (1) The Legal Aid, Sentencing and Punishment of Offenders Act...

      20. School Standards and Organisation (Wales) Act 2013 (anaw 1)

          1. 22. (1) The School Standards and Organisation (Wales) Act 2013 is...

      21. Children and Families Act 2014 (c. 6)

          1. 23. (1) The Children and Families Act 2014 is amended as...

      22. Social Services and Well-being (Wales) Act 2014 (anaw 4)

          1. 24. (1) The Social Services and Well-being (Wales) Act 2014 is...