Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw2)

PART 2 ADDITIONAL LEARNING NEEDS

CHAPTER 3 SUPPLEMENTARY FUNCTIONS

Additional learning provision in particular kinds of school or other institution

55 Conditions applicable to securing additional learning provision at independent schools

(1) A local authority may not exercise its functions under this Part to secure that a child or young person is educated at an independent school in Wales unless—

(a) the school is included in the register of independent schools in Wales, and

(b) the local authority is satisfied that the school can make the additional learning provision described in the child’s or young person’s individual development plan.

(2) A local authority may not exercise its functions under this Part to secure that a child or young person is educated at an independent educational institution in England unless—

(a) the institution is included in the register of independent educational institutions in England (kept under section 95 of the Education and Skills Act 2008 (c. 25) (“the 2008 Act”)), and

(b) the local authority is satisfied that the institution can make the additional learning provision described in the child’s or young person’s individual development plan.

(3) In this section, “independent educational institution” has the meaning given by Chapter 1 of Part 4 of the 2008 Act.