Additional Learning Needs and Education Tribunal (Wales) Act 2018

Yn ddilys o 01/09/2021

35 Transfer of duties to maintain plans E+W

(1) Subsection (3) applies where—

(a) a child or young person becomes a registered pupil at a maintained school in Wales,

(b) immediately before the child or young person became a registered pupil at the school an individual development plan was being maintained for the child or young person under section 12 by the governing body of another maintained school, and

(c) it is not intended that the child or young person will continue to be provided with education or training at that other school.

(2) Subsection (3) also applies where—

(a) a child or young person becomes a registered pupil at a maintained school in Wales before the end of September in an academic year,

(b) the child or young person was a registered pupil at another maintained school during the previous academic year, and

(c) an individual development plan was being maintained for the child or young person under section 12 by the governing body of the other school on the last day of education or training provided for him or her at the school.

(3) The governing body of the school mentioned in subsection (1)(a) or (2)(a) must maintain the individual development plan; and the plan is to be treated as being maintained under section 12 for the purposes of this Part.

(4) Subsection (6) applies where—

(a) a young person becomes enrolled as a student at an institution in the further education sector in Wales before the end of September in an academic year,

(b) the young person was a registered pupil at a maintained school during the previous academic year, and

(c) an individual development plan was being maintained for the young person under section 12 by the governing body of the school on the last day of education or training provided for him or her at the school.

(5) In subsection (4)(a) and (b), “academic year” means any period from 1 August to 31 July.

(6) The governing body of the institution in the further education sector in Wales must maintain the individual development plan; and the plan is to be treated as being maintained under section 12 for the purposes of this Part.

(7) Subsection (8) applies where—

(a) a child or young person becomes the responsibility of a local authority, and

(b) immediately before the child or young person became the responsibility of the authority an individual development plan was being maintained for the child or young person under section 14 by another local authority.

(8) The local authority mentioned in subsection (7)(a) must maintain the individual development plan; and the plan is to be treated as being maintained under section 14 for the purposes of this Part.

(9) Subsection (10) applies where—

(a) a child becomes looked after by a local authority, and

(b) immediately before the child became looked after, an individual development plan was being maintained for the child under section 12 or 14.

(10) The local authority that looks after the child must maintain the individual development plan; and the plan is to be treated as being maintained under section 19 for the purposes of this Part, with any provision described in the plan in accordance with section 14(6) being treated as described in accordance with section 19(4).

(11) Subsection (12) and (13) apply where—

(a) a person ceases to be a looked after child (whether because he or she is over compulsory school age or otherwise (see section 15)),

(b) a local authority is responsible for the child or young person, and

(c) immediately before ceasing to be looked after, an individual development plan was being maintained for the child or young person under section 19.

(12) The local authority that is responsible for the child or young person must maintain the individual development plan.

(13) The plan is to be treated as being maintained under section 14 for the purposes of this Part, with any provision described in the plan in accordance with section 19(4) being treated as described in accordance with section 14(6).