11.—(1) Subject to paragraphs (2) and (3), if C is a registered pupil at a school in [F1year 10 or year 11], a decision to make any change to C's placement that would have the effect of disrupting the arrangements made for C's education must not be put into effect until it has been approved by the nominated officer.
(2) Before approving a decision under paragraph (1), the nominated officer must be satisfied that—
(a)the requirements of regulation 10(1)(b)(i) have been complied with,
(b)the educational provision made for C at the placement will promote C's educational achievement and is consistent with C's personal education plan,
(c)the designated person M1 at the school has been consulted,
(d)the LAC Education Co-ordinator has been consulted,
(e)the IRO has been consulted, and
(f)where C is placed in a children's home, C's link worker has been consulted.
(3) Paragraph (1) does not apply in any case where—
(a)the responsible authority terminates C's placement in accordance with regulation 15(3), or
(b)it is necessary for any other reason to change C's placement in an emergency,
and in such a case the responsible authority must make appropriate arrangements to promote C's educational achievement as soon as reasonably practicable.
(4) In any case not falling within paragraph (1), but where the responsible authority proposes making any change to C's placement that would have the effect of disrupting the arrangements made for C's education or training, the responsible authority must ensure that other arrangements are made for C's education or training that meets C's needs and are consistent with C's personal education plan.
(5) In this regulation—
(a)“registered pupil” (“disgybl cofrestredig”) has the meaning given in section 20(7) of the Children and Young Persons Act 2008 M2, and
(b)“school” (“ysgol”) has the meaning given in section 4 of the Education Act 1996 M3.
Textual Amendments
F1Words in reg. 11(1) substituted (with effect in accordance with reg. 11(2) of the amending S.I.) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 11(4)
Marginal Citations
M1The “designated person” in the case of a maintained school means the member of staff designated by the governing body in accordance with section 20(1) of the 2008 Act and in this case the meaning given to “school” is set out in section 434(5) of the Education Act 1996 (c. 56).
M3That is, an educational institution, outside the further and higher education sectors, for providing primary and/ or secondary education.