{
  "url": "https://openlegislation.uk/additional-learning-needs-and-education-tribunal-wales-act-2018/section-70",
  "json_url": "https://openlegislation.uk/additional-learning-needs-and-education-tribunal-wales-act-2018/section-70.json",
  "legislation": "anaw/2018/2",
  "legislation_title": "Additional Learning Needs and Education Tribunal (Wales) Act 2018",
  "legislation_url": "https://openlegislation.uk/additional-learning-needs-and-education-tribunal-wales-act-2018",
  "path": "section/70",
  "kind": "section",
  "number": "70",
  "heading": "Appeal and application rights",
  "text": "(1) Subsection (2) applies to—\n(a) decisions of the governing body of an institution in the further education sector in Wales or a local authority;\n(b) individual development plans prepared or maintained by the governing body of an institution in the further education sector in Wales or a local authority;\n(c) individual development plans revised by a local authority under section 27(6).\n(2) A child or young person and, in the case of a child, the child's parent, may appeal to the Education Tribunal for Wales against the following matters—\n(a) a decision by the governing body of an institution in the further education sector in Wales under section 11 or a local authority under section 13, 18 or 26 as to whether a person has additional learning needs;\n(b) in the case of a young person, a decision by a local authority under section 14(1)(c)(ii) as to whether it is necessary to prepare and maintain an individual development plan;\n(c) the description of a person's additional learning needs in an individual development plan;\n(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);\n(e) the provision included in an individual development plan under section 14(6) or 19(4) or the fact that provision under those sections is not in the plan;\n(f) the school named in an individual development plan for the purpose of section 48;\n(g) if no school is named in an individual development plan for the purpose of section 48, that fact;\n(h) a decision under section 27 not to revise an individual development plan;\n(i) a decision under section 28 not to take over responsibility for an individual development plan following a request to consider doing so;\n(j) a decision to cease to maintain an individual development plan under section 31(5) or 31(6);\n(k) a decision under section 32(2) that a governing body of a maintained school should cease to maintain a plan;\n(l) a refusal to decide a matter on the basis that section 11(3)(b), 13(2)(b), 18(2)(b) or 29(2)(a) applies (no material change in needs and no new information that materially affects the decision).\n(3) A child or a child's parent may apply to the Education Tribunal for Wales for a declaration that the child either does or does not have the capacity to understand—\n(a) information or documents that must be given to a child under this Part, or\n(b) what it means to exercise the rights conferred on a child by this Part.\n(4) The exercise of rights under this section is subject to—\n(a) provision made by regulations under sections 74, 75, 83 and 85(8);\n(b) section 85(4).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "S. 70 modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401), regs. 1(2), 41"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 70 in force at 1.9.2021 by S.I. 2021/373, art. 8(f)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/anaw/2018/2/section/70",
    "retrieved_at": "2026-10-29T20:18:08.644876+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}