PART 2ADDITIONAL LEARNING NEEDS
CHAPTER 4AVOIDING AND RESOLVING DISAGREEMENTS
Appeals and applications to the Tribunal
I1C172Appeal rights: detained persons
1
Subsection (2) applies to—
a
decisions of a home authority in Wales under section 40;
b
individual development plans kept by a home authority under section 42.
2
A detained person and, in the case of a detained person who is a child, the detained person's parent, may appeal to the Education Tribunal for Wales against the following matters—
a
a decision of the home authority as to whether a detained person has additional learning needs;
b
a decision of the home authority as to whether it will be necessary for an individual development plan to be maintained for a detained person when he or she is released from detention;
c
the description of a person's additional learning needs in an individual development plan;
d
the additional learning provision in an individual development plan or the fact that additional learning provision is not in a plan (including whether the plan specifies that additional learning provision should be provided in Welsh);
e
the provision included in an individual development plan under section 40(7) or the fact that provision under that section is not in the plan;
f
the school named in an individual development plan for the purpose of section 48;
g
if no school is named in an individual development plan for the purpose of section 48, that fact;
h
a refusal to make a decision under section 40(2) on the basis that section 41(2)(b) applies (no material change in needs and no new information that materially affects the decision).
3
The exercise of rights under this section is subject to—
a
provision made by regulations under sections 74, 75, 83 and 85(8);
b
section 85(4).