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Additional Learning Needs and Education Tribunal (Wales) Act 2018

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Additional Learning Needs and Education Tribunal (Wales) Act 2018, Section 31 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Section 31:

  • s. 31 coming into force by S.I. 2022/893 art. 2(c)
  • specified provision(s) coming into force by S.I. 2021/381 art. 2 3 (This commencement not applied to legislation.gov.uk. S.I. 2021/381 revoked (12.8.2021) by S.I. 2021/938, art. 3)
  • specified provision(s) coming into force by S.I. 2021/383 art. 2 3 (This commencement not applied to legislation.gov.uk. S.I. 2021/383 revoked (12.8.20210) by S.I. 2021/938, art. 4)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

31Ceasing to maintain individual development plansE+W
This section has no associated Explanatory Notes

(1)The duty of the governing body of a maintained school to prepare or maintain a plan for a child or young person under section 12 ceases to apply—

(a)in the case of a child or young person, if he or she ceases to be a registered pupil of the school, or

(b)in the case of a child, if the child becomes looked after by a local authority.

(2)The duty of the governing body of an institution in the further education sector under section 12 to prepare or maintain a plan for a young person ceases to apply if the young personceases to be enrolled as a student at the institution.

(3)The duty of a local authority under section 14 to prepare or maintain a plan for a child or young person ceases to apply—

(a)in the case of a child or young person, if the local authority ceases to be responsible for the child or young person, or

(b)in the case of a child, if the child becomes looked after by a local authority.

(4)The duty of a local authority to prepare or maintain a plan for a looked after child under section 19 ceases to apply if—

(a)he or she ceases to be a looked after child for the purposes of this Part (whether because he or she is over compulsory school age or otherwise (see section 15)), or

(b)he or she ceases to be in the area of a local authority in Wales.

(5)Where the governing body of a maintained school or an institution in the further education sector has a duty under this Part to maintain an individual development plan for a child or young person, the governing body may cease to maintain the plan if it decides that the child or young person no longer has additional learning needs.

(6)Where a local authority has a duty under this Part to maintain an individual development plan for a child or young person, the authority may cease to maintain the plan if the authority—

(a)decides that the child or young person no longer has additional learning needs, or

(b)in the case of a young person who is neither a registered pupil at a maintained school nor enrolled as a student at an institution in the further education sector in Wales, decides in accordance with regulations under section 46 that it is no longer necessary to maintain it to meet the young person's reasonable needs for education or training.

(7)Before a governing body decides under subsection (5), or a local authority decides under subsection (6), it must notify—

(a)the child or young person,

(b)in the case of a child, the child's parent, and

(c)in the case of a looked after child, the child's independent reviewing officer,

that it proposes to make such a decision.

(8)After the governing body or local authority has made its decision, it must notify the child or young person, in the case of a child, the child's parent and, in the case of a looked after child, the child's independent reviewing officer of—

(a)the decision, and

(b)the reasons for the decision.

(9)And the governing body of a maintained school must also notify the child or young person and, in the case of a child, the child's parent of his or her right to request the local authority to reconsider the matter under section 32.

(10)See section 44 (provisions that do not apply to children and young persons in detention) for further circumstances in which the duty to maintain a plan ceases.

Modifications etc. (not altering text)

Commencement Information

I1S. 31 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 3, 4 (as amended by S.I. 2021/735, art. 2(2)(a) and S.I. 2021/938, art. 2(3))

I2S. 31 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 6, 7 (as amended by S.I. 2021/735, art. 2(3)(a) and S.I. 2021/938, art. 2(4)(5))

I3S. 31 in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(c) (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3; and (10.6.2022) by S.I. 2022/663, art. 3; and (21.8.2023) by S.I. 2023/932, art. 3)

I4S. 31 in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(c) (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2; (10.6.2022) by S.I. 2022/663, art. 2 and (21.8.2023) by S.I. 2023/932, art. 2)

I5S. 31 in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(c), 4 (with art. 1(4))

I6S. 31 in force at 1.9.2022 for specified purposes by S.I. 2022/892, art. 3(c) (with arts. 2, 4-18)

I7S. 31 in force at 1.9.2022 for specified purposes by S.I. 2022/897, art. 3(c) (with arts. 1(8), 4-21) (as amended (21.8.2023) by S.I. 2023/932, art. 6)

I8S. 31 in force at 1.9.2022 for specified purposes by S.I. 2022/891, art. 3(c) (with arts. 4-25) (as amended (21.8.2023) by S.I. 2023/932, art. 4)

I9S. 31 in force at 1.9.2022 for specified purposes by S.I. 2022/896, art. 3(c) (with arts. 4-22) (as amended (21.8.2023) by S.I. 2023/932, art. 5)

I10S. 31 in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 4 (with art. 1(2))

I11S. 31 in force at 1.9.2022 for specified purposes by S.I. 2022/895, arts. 3(c), 4

I12S. 31 in force at 1.9.2022 for specified purposes by S.I. 2022/898, arts. 2(c), 3

I13S. 31 in force at 1.9.2022 for specified purposes by S.I. 2022/894, art. 3(c)

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