Additional Learning Needs and Education Tribunal (Wales) Act 2018 Explanatory Notes

  • Explanatory Notes Table of contents

  1. Introduction

  2. General Overview of the Act

  3. Commentary on Sections of the Act

    1. Part 1 – Overview

      1. Section 1 - Overview of this Act

    2. Part 2 – Additional Learning Needs

      1. Chapter 1 – Key Terms, Code and Participation

        1. Key terms

          1. Section 2 - Additional learning needs

          2. Section 3 - Additional learning provision

        2. Code of practice

          1. Section 4 - Additional learning needs code

          2. Section 5 - Procedure for making the code

        3. Participation, United Nations conventions and access to information

          1. Section 6 - Duty to involve and support children, their parents and young people

          2. Sections 7 and 8 – Duties to have regard to the United Nations Convention on the Rights of the Child and the United Nations Convention of the Rights of Persons with Disabilities

          3. Section 9 - Advice and information

      2. Chapter 2 – Individual Development Plans

        1. Preparing and maintaining individual development plans

          1. Section 10 - Individual development plans

          2. Section 11 - Duty to decide: maintained schools and further education institutions

          3. Section 12 - Duties to prepare and maintain plans: maintained schools and further education institutions

          4. Section 13 - Duty to decide: local authorities

          5. Section 14 - Duties to prepare and maintain plans: local authorities

        2. Additional learning provision for looked after children

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

          2. Section 20 - Additional learning provision: Local Health Boards and NHS Trusts

          3. Section 21 - Individual development plans: Local Health Boards and NHS Trusts

        3. Information about plans

          1. Section 22 - Provision of information about individual development plans

        4. Review of plans

          1. Section 23 - Review and revision of individual development plans

          2. Section 24 - Review and revision of individual development plans for looked after children

          3. Section 25 - Relationship of individual development plans to other similar documents

        5. Local authority reconsideration of governing body decisions and plans

          1. Section 26 - Reconsideration by local authorities of decisions under section 11(1)

          2. Section 27 - Reconsideration by local authorities of plans maintained under section 12

          3. Section 28 - Local authority duty to decide whether to take over governing body plans

          4. Section 29 - Circumstances in which the duties in sections 26(2), 27(2) and 28(3) do not apply

          5. Section 30 - Registration or enrolment at more than one institution

        6. Ceasing to maintain plans

          1. Section 31 - Ceasing to maintain individual development plans

          2. Section 32 - Reconsideration by local authorities of decisions of governing bodies under section 31

          3. Section 33 - Limitation on ceasing to maintain plans to allow reconsideration or appeal

          4. Section 34 - Individual development plan after a young person’s 25th birthday

        7. Transfer of plans

          1. Section 35 - Transfer of duties to maintain plans

          2. Section 36 – Request to transfer plan to governing body of further education institution

          3. Section 37 - Regulations about transfer of individual development plans

        8. Powers to direct governing bodies of maintained schools

          1. Section 38 - local authority power to direct governing bodies of maintained schools

        9. Additional learning provision for detained persons (sections 39 – 45)

          1. Section 39 - Meaning of “detained person” and other key terms

          2. Section 40 - Duty to prepare individual development plans for detained persons

          3. Section 41 - Circumstances in which the duty in section 40(2) does not apply

          4. Section 42 - Duty to keep individual development plans for detained persons

          5. Section 43 - Release of a detained person

          6. Section 44 - Certain provisions of Part 2 not to apply to children and young persons in detention

          7. Section 45 – Detention under Part 3 of the Mental Health Act 1983

        10. Necessity of plans

          1. Section 46 – Regulations about deciding whether an individual development plan is necessary

      3. Chapter 3 – Supplementary Functions

        1. Functions relating to securing additional learning provision

          1. Section 47 - Duty to take all reasonable steps to secure additional learning provision

          2. Section 48 - Duty to admit children to named maintained schools

          3. Section 49 - No power to charge for provision secured under this Part

          4. Section 50 - Welsh Ministers’ duties to secure post-16 education and training

          5. Section 51 - Duty to favour education for children at mainstream maintained schools

          6. Section 52 - Children with additional learning needs in mainstream maintained schools

          7. Section 53 - Additional learning provision otherwise than in schools

          8. Section 54 - Amendments to registration requirements for independent schools in Wales

          9. Section 55 - Conditions applicable to securing additional learning provision at independent schools

          10. Section 56 - List of independent special post-16 institutions

          11. Section 57 - Abolition of approval of non-maintained special schools in Wales

          12. Section 58 - Abolition of approval of independent schools in Wales

          13. Section 59 - Additional learning provision outside England and Wales

        2. Additional learning needs co-ordinating officers

          1. Section 60 - Additional learning needs co-ordinator

          2. Section 61 - Designated education clinical lead officer

          3. Section 62 – Early years additional learning needs lead officer

        3. Miscellaneous functions

          1. Section 63 - Duty to keep additional learning provision under review

          2. Section 64 - Duty of health bodies to notify parents etc.

          3. Section 65 - Duties to provide information and other help

          4. Section 66 - Right of local authority to access premises of schools and other institutions

          5. Section 67 - Provision of goods or services in relation to additional learning provision

      4. Chapter 4 – Avoiding and Resolving Disagreements

        1. Local authority arrangements

          1. Section 68 - Arrangements for the avoidance and resolution of disagreements

          2. Section 69 - Independent advocacy services

        2. Appeals and applications to the Tribunal

          1. Section 70 - Appeal and application rights

          2. Section 71 - Decisions on appeals and applications under section 70

          3. Section 72 - Appeal rights: detained persons

          4. Section 73 - Decisions on appeals under section 72

          5. Section 74 - Regulations about appeals and applications

          6. Section 75 - Regulations about procedure

          7. Section 76 – NHS Bodies: evidence and Tribunal recommendations

          8. Section 77 - Compliance with orders

          9. Section 78 – Power to share documents and other information with the Welsh Ministers

          10. Section 79 - Offence

          11. Section 80 - Allowances for attendance at the Education Tribunal for Wales

          12. Section 81 - Appeals from the Education Tribunal for Wales to the Upper Tribunal

      5. Chapter 5 – General

        1. Section 82 - Regulations about disclosure and use of information

        2. Section 83 - Parents and young people lacking capacity

        3. Section 84 - Capacity of children

        4. Section 85 - Case friends for children who lack capacity

        5. Higher education courses provided by further education institutions

          1. Section 86 – Students at further education institutions undertaking higher education courses

          2. Section 87 - Application of reconsideration provisions to pupils and students resident in England

          3. Section 88 - Giving notice etc. under this Part

          4. Section 89 - Review of additional learning provision in Welsh

          5. Section 90 - Power to amend duties to secure additional learning provision in Welsh

    3. Part 3 – Education Tribunal for Wales

      1. Section 91 - Constitution of the Education Tribunal for Wales

      2. Section 92 - The President and members of the panels

      3. Section 93 – Deputy President of the Tribunal

      4. Section 94 - Remuneration and expenses

    4. Part 4 – Miscellaneous and General

      1. Section 95 - Meaning of “in the area” of a local authority

      2. Section 96 - Minor and consequential amendments and repeals

      3. Section 97 - Power to make consequential and transitional provision etc.

      4. Section 98 - Regulations

      5. Section 99 - General interpretation

      6. Section 100 - Coming into force

      7. Section 101- Short title and inclusion as one of the Education Acts

    5. Schedule 1 – Minor and Consequential Amendments and Repeals

  4. Record of Proceedings in National Assembly for Wales

  • Explanatory Notes Table of contents

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