The Additional Learning Needs (Wales) Regulations 2021

Local authority referral to the Welsh Ministers to determine whether governing body of further education institution should maintain plan

14.—(1) This regulation applies in relation to a referral under section 36 of the 2018 Act by a local authority to the Welsh Ministers for a determination as to whether a governing body of an institution in the further education sector should maintain an individual development plan for a young person who is enrolled as a student at the institution.

(2) The referral must be—

(a) made within the period of 4 weeks beginning with the day after the end of the period prescribed by regulation 13(2),

(b) made in writing,

(c) accompanied by a copy of the sections of the individual development plan containing the description of the young person’s additional learning needs and the description of the additional learning provision, and

(d) accompanied by a copy of any other information in the individual development plan which the local authority considers is necessary to determine the matter.

(3) The Welsh Ministers must notify the young person and the governing body of the referral and invite representations.

(4) The Welsh Ministers must notify the young person, the local authority and the governing body of—

(a) their determination under section 36(4) of the 2018 Act, and

(b) the reasons for the determination.

(5) If the Welsh Ministers determine that the governing body should maintain the plan, the governing body’s duty to maintain it under section 12(4) of the 2018 Act takes effect—

(a) on the day which may be specified in the notification under paragraph (4);

(b) otherwise on the day on which that notification is received by the governing body.