The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 4 and Transitional and Saving Provisions) Order 2021

Right to ask for a decision whether a child has additional learning needs

8.—(1) A child, who on 1 September 2021 has identified special educational needs or that child’s parent, may request that the appropriate person decides under Part 2 of the Act whether the child has additional learning needs.

(2) The new law applies in relation to the child on the date that the request is received.

(3) The old law ceases to apply in relation to the child on that date.

(4) In this article—

(a) the “appropriate person” means—

(i) the local authority in Wales which is responsible for the child where that child is a registered pupil at a maintained school in Wales or a pupil referral unit in Wales and is—

(aa) a looked after child;

(bb) a registered pupil or an enrolled student at another institution (that institution being a school or an institution in the further education sector) and a local authority in Wales is responsible for the child;

(ii) the management committee of the pupil referral unit at which the child is a registered pupil if the child does not come within paragraph (i)(aa) or (bb);

(b) the “management committee” means a management committee established for a pupil referral unit by virtue of paragraph 15 of Schedule 1 to the 1996 Act.