Additional Learning Needs and Education Tribunal (Wales) Act 2018

2018 anaw 2 · Enacted 24 January 2018 · Extends to England and Wales

Contents

1. Part 1: OVERVIEW
2. 1Overview of this Act
3. Part 2: ADDITIONAL LEARNING NEEDS
4. Chapter 1: KEY TERMS, CODE AND PARTICIPATION
5. Key terms
6. 2Additional learning needs
7. 3Additional learning provision
8. Code of practice
9. 4Additional learning needs code
10. 5Procedure for making the code
11. Participation, United Nations conventions and access to information
12. 6Duty to involve and support children, their parents and young people
13. 7Duty to have regard to the United Nations Convention on the Rights of the Child
14. 8Duty to have regard to the United Nations Convention on the Rights of Persons with Disabilities
15. 9Advice and information
16. Chapter 2: INDIVIDUAL DEVELOPMENT PLANS
17. Preparing and maintaining individual development plans
18. 10Individual development plans
19. 11Duty to decide: maintained schools and further education institutions
20. 12Duties to prepare and maintain plans: maintained schools and further education institutions
21. 13Duty to decide: local authorities
22. 14Duties to prepare and maintain plans: local authorities
23. Additional learning provision for looked after children
24. 15Key terms
25. 16Amendments to the Social Services and Well-being (Wales) Act 2014
26. 17Duty to refer a matter to a local authority that looks after a child
27. 18Duty to decide whether a looked after child has additional learning needs
28. 19Duties to prepare and maintain plans for looked after children
29. Additional learning provision and NHS bodies
30. 20Additional learning provision: Local Health Boards and NHS trusts
31. 21Individual development plans: Local Health Boards and NHS trusts
32. Information about plans
33. 22Provision of information about individual development plans
34. Review of plans
35. 23Review and revision of individual development plans
36. 24Review and revision of individual development plans for looked after children
37. 25Relationship of individual development plans to other similar documents
38. Local authority reconsideration of governing body decisions and plans
39. 26Reconsideration by local authorities of decisions under section 11(1)
40. 27Reconsideration by local authorities of plans maintained under section 12
41. 28Local authority duty to decide whether to take over governing body plans
42. 29Circumstances in which the duties in sections 26(2), 27(2) and 28(3) do not apply
43. 30Registration or enrolment at more than one institution
44. Ceasing to maintain plans
45. 31Ceasing to maintain individual development plans
46. 32Reconsideration by local authorities of decisions of governing bodies under section 31
47. 33Limitation on ceasing to maintain plans to allow reconsideration or appeal
48. 34Individual development plan after a young person's 25th birthday
49. Transfer of plans
50. 35Transfer of duties to maintain plans
51. 36Request to transfer plan to governing body of further education institution
52. 37Regulations about transfer of individual development plans
53. Powers to direct governing bodies of maintained schools
54. 38Local authority power to direct governing bodies of maintained schools
55. Additional learning provision for detained persons
56. 39Meaning of “detained person” and other key terms
57. 40Duty to prepare individual development plans for detained persons
58. 41Circumstances in which the duty in section 40(2) does not apply
59. 42Duty to keep individual development plans for detained persons
60. 43Release of a detained person
61. 44Certain provisions of Part 2 not to apply to children and young persons in detention
62. 45Detention under Part 3 of the Mental Health Act 1983
63. Necessity of plans
64. 46Regulations about deciding whether an individual development plan is necessary
65. Chapter 3: SUPPLEMENTARY FUNCTIONS
66. Functions relating to securing additional learning provision
67. 47Duty to take all reasonable steps to secure additional learning provision
68. 48Duty to admit children to named maintained schools
69. 49No power to charge for provision secured under this Part
70. 50Welsh Ministers' duties to secure post-16 education and training
71. Additional learning provision in particular kinds of school or other institution
72. 51Duty to favour education for children at mainstream maintained schools
73. 52Children with additional learning needs in mainstream maintained schools
74. 53Additional learning provision otherwise than in schools
75. 54Amendments to registration requirements for independent schools in Wales
76. 55Conditions applicable to securing additional learning provision at independent schools
77. 56List of independent special post-16 institutions
78. 57Abolition of approval of non-maintained special schools in Wales
79. 58Abolition of approval of independent schools in Wales
80. 59Additional learning provision outside England and Wales
81. Additional learning needs co-ordinating officers
82. 60Additional learning needs co-ordinator
83. 61Designated education clinical lead officer
84. 62Early years additional learning needs lead officer
85. Miscellaneous functions
86. 63Duty to keep additional learning provision under review
87. 64Duty of health bodies to notify parents etc.
88. 65Duties to provide information and other help
89. 66Right of local authority to access premises of schools and other institutions
90. 67Provision of goods or services in relation to additional learning provision
91. Chapter 4: AVOIDING AND RESOLVING DISAGREEMENTS
92. Local authority arrangements
93. 68Arrangements for the avoidance and resolution of disagreements
94. 69Independent advocacy services
95. Appeals and applications to the Tribunal
96. 70Appeal and application rights
97. 71Decisions on appeals and applications under section 70
98. 72Appeal rights: detained persons
99. 73Decisions on appeals under section 72
100. 74Regulations about appeals and applications
101. 75Regulations about procedure
102. 76NHS Bodies: evidence and Tribunal recommendations
103. 77Compliance with orders
104. 78Power to share documents and other information with the Welsh Ministers
105. 79Offence
106. 80Allowances for attendance at the Education Tribunal for Wales
107. 81Appeals from the Education Tribunal for Wales to the Upper Tribunal
108. Chapter 5: GENERAL
109. Information
110. 82Regulations about disclosure and use of information
111. Capacity
112. 83Parents and young people lacking capacity
113. 84Capacity of children
114. 85Case friends for children who lack capacity
115. Higher education courses provided by further education institutions
116. 86Students at further education institutions undertaking higher education courses
117. Pupils and students at Welsh institutions who are resident in England
118. 87Application of reconsideration provisions to pupils and students resident in England
119. Giving notice etc.
120. 88Giving notice etc. under this Part
121. Review of additional learning provision in Welsh
122. 89Review of additional learning provision in Welsh
123. 90Power to amend duties to secure additional learning provision in Welsh
124. Part 3: EDUCATION TRIBUNAL FOR WALES
125. 91Constitution of the Education Tribunal for Wales
126. 92The President and members of the panels
127. 93Deputy President of the Tribunal
128. 94Remuneration and expenses
129. Part 4: MISCELLANEOUS AND GENERAL
130. Miscellaneous
131. 95Meaning of “in the area” of a local authority
132. General
133. 96Minor and consequential amendments and repeals
134. 97Power to make consequential and transitional provision etc.
135. 98Regulations
136. 99General interpretation
137. 100Coming into force
138. 101Short title and inclusion as one of the Education Acts
139. Schedule 1: MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS
140. Local Authority Social Services Act 1970 (c. 42)
141. 1Paragraph 1
142. Children Act 1989 (c. 41)
143. 2Paragraph 2
144. Tribunals and Inquiries Act 1992 (c. 53)
145. 3Paragraph 3
146. Education Act 1996 (c. 56)
147. 4Paragraph 4
148. 5Paragraph 5 Repealed
149. 6Paragraph 6
150. School Standards and Framework Act 1998 (c. 31)
151. 7Paragraph 7
152. Learning and Skills Act 2000 (c. 21)
153. 8Paragraph 8
154. Education Act 2002 (c. 32)
155. 9Paragraph 9
156. Constitutional Reform Act 2005 (c. 4)
157. 10Paragraph 10
158. National Health Service Act 2006 (c. 41)
159. 11Paragraph 11
160. National Health Service (Wales) Act 2006 (c. 42)
161. 12Paragraph 12
162. Tribunals, Courts and Enforcement Act 2007 (c. 15)
163. 13Paragraph 13
164. Learner Travel (Wales) Measure 2008 (nawm 2)
165. 14Paragraph 14
166. Education and Skills Act 2008 (c.25)
167. 15Paragraph 15
168. Learning and Skills (Wales) Measure 2009 (nawm 2) Not yet in force
169. 16Paragraph 16 Not yet in force
170. Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)
171. 17Paragraph 17
172. Education (Wales) Measure 2009 (nawm 7)
173. 18Paragraph 18
174. Equality Act 2010 (c. 15)
175. 19Paragraph 19
176. Welsh Language (Wales) Measure 2011 (nawm 1)
177. 20Paragraph 20
178. Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)
179. 21Paragraph 21
180. School Standards and Organisation (Wales) Act 2013 (anaw 1)
181. 22Paragraph 22
182. Children and Families Act 2014 (c. 6)
183. 23Paragraph 23
184. Social Services and Well-being (Wales) Act 2014 (anaw 4)
185. 24Paragraph 24