Please note:
All reference to 'Parts' and 'sections' are from the Additional Learning Needs and Education Tribunal (Wales) Act 2018. For other versions of these Explanatory Notes, see More Resources.
Commentary on Sections of the Act
Part 2 – Additional Learning Needs
Chapter 2 – Individual Development Plans
Local authority reconsideration of governing body decisions and plans
Section 26 - Reconsideration by local authorities of decisions under section 11(1)
Section 27 - Reconsideration by local authorities of plans maintained under section 12
Section 28 - Local authority duty to decide whether to take over governing body plans
Section 29 - Circumstances in which the duties in sections 26(2), 27(2) and 28(3) do not apply
Section 30 - Registration or enrolment at more than one institution
Section 31 - Ceasing to maintain individual development plans
Section 32 - Reconsideration by local authorities of decisions of governing bodies under section 31
Section 33 - Limitation on ceasing to maintain plans to allow reconsideration or appeal
Section 34 - Individual development plan after a young person’s 25th birthday
Additional learning provision for detained persons (sections 39 – 45)
Section 39 - Meaning of “detained person” and other key terms
Section 40 - Duty to prepare individual development plans for detained persons
Section 41 - Circumstances in which the duty in section 40(2) does not apply
Section 42 - Duty to keep individual development plans for detained persons
Section 44 - Certain provisions of Part 2 not to apply to children and young persons in detention
Section 45 – Detention under Part 3 of the Mental Health Act 1983
Chapter 3 – Supplementary Functions
Functions relating to securing additional learning provision
Section 47 - Duty to take all reasonable steps to secure additional learning provision
Section 48 - Duty to admit children to named maintained schools
Section 49 - No power to charge for provision secured under this Part
Section 50 - Welsh Ministers’ duties to secure post-16 education and training
Section 51 - Duty to favour education for children at mainstream maintained schools
Section 52 - Children with additional learning needs in mainstream maintained schools
Section 53 - Additional learning provision otherwise than in schools
Section 54 - Amendments to registration requirements for independent schools in Wales
Section 55 - Conditions applicable to securing additional learning provision at independent schools
Section 56 - List of independent special post-16 institutions
Section 57 - Abolition of approval of non-maintained special schools in Wales
Section 58 - Abolition of approval of independent schools in Wales
Section 59 - Additional learning provision outside England and Wales
Chapter 4 – Avoiding and Resolving Disagreements
Appeals and applications to the Tribunal
Section 71 - Decisions on appeals and applications under section 70
Section 76 – NHS Bodies: evidence and Tribunal recommendations
Section 78 – Power to share documents and other information with the Welsh Ministers
Section 80 - Allowances for attendance at the Education Tribunal for Wales
Section 81 - Appeals from the Education Tribunal for Wales to the Upper Tribunal
Section 82 - Regulations about disclosure and use of information
Higher education courses provided by further education institutions
Section 86 – Students at further education institutions undertaking higher education courses
Section 87 - Application of reconsideration provisions to pupils and students resident in England
Section 89 - Review of additional learning provision in Welsh
Section 90 - Power to amend duties to secure additional learning provision in Welsh
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