Additional Learning Needs and Education Tribunal (Wales) Act 2018

Cited authorities 199

Cited in

Amendments 5

Jurisdiction	Wales
Citation	2018 anaw 2
Year	2018

Contenidos

Additional Learning Needs and Education Tribunal (Wales) Act 2018
PART 1: OVERVIEW

1: Overview of this Act

PART 2: ADDITIONAL LEARNING NEEDS

Key terms

2: Additional learning needs
3: Additional learning provision

Code of practice

4: Additional learning needs code
5: Procedure for making the code

Participation, United Nations conventions and access to information

6: Duty to involve and support children, their parents and young people: A person exercising functions under this Part in relation to a child or young person must have regard—
7: Duty to have regard to the United Nations Convention on the Rights of the Child
8: Duty to have regard to the United Nations Convention on the Rights of Persons with Disabilities
9: Advice and information

Preparing and maintaining individual development plans

10: Individual development plans: For the purposes of this Act, an individual development plan is a document that contains⁠—
11: Duty to decide: maintained schools and further education institutions
12: Duties to prepare and maintain plans: maintained schools and further education institutions
13: Duty to decide: local authorities
14: Duties to prepare and maintain plans: local authorities

Additional learning provision for looked after children

15: Key terms
16: Amendments to the Social Services and Well-being (Wales) Act 2014
17: Duty to refer a matter to a local authority that looks after a child
18: Duty to decide whether a looked after child has additional learning needs
19: Duties to prepare and maintain plans for looked after children

Additional learning provision and NHS bodies

20: Additional learning provision: Local Health Boards and NHS trusts
21: Individual development plans: Local Health Boards and NHS trusts

Information about plans

22: Provision of information about individual development plans

Review of plans

23: Review and revision of individual development plans
24: Review and revision of individual development plans for looked after children
25: Relationship of individual development plans to other similar documents: A governing body or local authority may—

Local authority reconsideration of governing body decisions and plans

26: Reconsideration by local authorities of decisions under section 11(1)
27: Reconsideration by local authorities of plans maintained under section 12
28: Local authority duty to decide whether to take over governing body plans
29: Circumstances in which the duties in sections 26(2), 27(2) and 28(3) do not apply
30: Registration or enrolment at more than one institution

Ceasing to maintain plans

31: Ceasing to maintain individual development plans
32: Reconsideration by local authorities of decisions of governing bodies under section 31
33: Limitation on ceasing to maintain plans to allow reconsideration or appeal
34: Individual development plan after a young person's 25th birthday

Transfer of plans

35: Transfer of duties to maintain plans
36: Request to transfer plan to governing body of further education institution
37: Regulations about transfer of individual development plans

Powers to direct governing bodies of maintained schools

38: Local authority power to direct governing bodies of maintained schools

Additional learning provision for detained persons

39: Meaning of “detained person” and other key terms
40: Duty to prepare individual development plans for detained persons
41: Circumstances in which the duty in section 40(2) does not apply
42: Duty to keep individual development plans for detained persons
43: Release of a detained person
44: Certain provisions of Part 2 not to apply to children and young persons in detention
45: Detention under Part 3 of the Mental Health Act 1983

Necessity of plans

46: Regulations about deciding whether an individual development plan is necessary

Functions relating to securing additional learning provision

47: Duty to take all reasonable steps to secure additional learning provision
48: Duty to admit children to named maintained schools
49: No power to charge for provision secured under this Part
50: Welsh Ministers' duties to secure post-16 education and training

Additional learning provision in particular kinds of school or other institution

51: Duty to favour education for children at mainstream maintained schools
52: Children with additional learning needs in mainstream maintained schools
53: Additional learning provision otherwise than in schools
54: Amendments to registration requirements for independent schools in Wales
55: Conditions applicable to securing additional learning provision at independent schools
56: List of independent special post-16 institutions
57: Abolition of approval of non-maintained special schools in Wales
58: Abolition of approval of independent schools in Wales
59: Additional learning provision outside England and Wales

Additional learning needs co-ordinating officers

60: Additional learning needs co-ordinator
61: Designated education clinical lead officer
62: Early years additional learning needs lead officer

Miscellaneous functions

63: Duty to keep additional learning provision under review
64: Duty of health bodies to notify parents etc.
65: Duties to provide information and other help
66: Right of local authority to access premises of schools and other institutions
67: Provision of goods or services in relation to additional learning provision

Local authority arrangements

68: Arrangements for the avoidance and resolution of disagreements
69: Independent advocacy services

Appeals and applications to the Tribunal

70: Appeal and application rights
71: Decisions on appeals and applications under section 70
72: Appeal rights: detained persons
73: Decisions on appeals under section 72: On appeal under section 72, the Education Tribunal for Wales may—
74: Regulations about appeals and applications
75: Regulations about procedure
76: NHS Bodies: evidence and Tribunal recommendations
77: Compliance with orders
78: Power to share documents and other information with the Welsh Ministers

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