The Education in Multiple Settings (Wales) Regulations 2022

Pupils registered in at least 1 maintained school and in at least 1 independent school

6.—(1) This regulation applies where a pupil is a registered pupil in at least 1 maintained school and in at least 1 independent school.

(2) The appropriate local authority must prepare a plan which sets out—

(a)how it will secure the teaching and learning to be provided for the pupil in the non-PRU EOTAS curriculum at the schools, and

(b)how the assessment arrangements will apply to the pupil at each school.

(3) In preparing the plan, or the revised plan, the appropriate local authority must consult with—

(a)the head teacher and the governing body of each of the maintained schools,

(b)the proprietors of the independent schools, and

(c)any other local authority in which 1 of the schools is situated.

(4) The plan is to begin on the date the pupil becomes a registered pupil at a maintained school and at an independent school or as soon as possible after that date.

(5) The duration of the first plan and of any subsequent plan must be no more than 1 school year.

(6) The appropriate local authority must keep the plan under review and revise it—

(a)if it reviews the curriculum under section 54 of the 2021 Act, or

(b)if it considers it appropriate to do so at any time.

(7) The appropriate local authority must ensure a copy of the plan is provided to—

(a)the pupil on request by the pupil, and

(b)the parents of the pupil on request by the parents.

(8) Paragraph (7)(a) does not apply if the appropriate local authority considers that the pupil in question does not have the capacity to understand the information that would be given.

(9) Before determining the pupil in question does not have the capacity to understand the information that would be given under paragraph (7)(a) the appropriate local authority must consult with—

(a)the head teacher and governing body of each of the maintained schools,

(b)the proprietor of each of the independent schools,

(c)in relation to a pupil referral unit the teacher in charge and the management committee (if there is one) of each of the pupil referral units, and

(d)any other local authority that maintains a school at which the pupil is registered.