# Additional Learning Needs and Education Tribunal (Wales) Act 2018, Section 70: Appeal and application rights


(1) Subsection (2) applies to—
(a) decisions of the governing body of an institution in the further education sector in Wales or a local authority;
(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;
(c) individual development plans revised by a local authority under section 27(6).
(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—
(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;
(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;
(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 14(6) or 19(4) or the fact that provision under those sections 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 decision under section 27 not to revise an individual development plan;
(i) a decision under section 28 not to take over responsibility for an individual development plan following a request to consider doing so;
(j) a decision to cease to maintain an individual development plan under section 31(5) or 31(6);
(k) a decision under section 32(2) that a governing body of a maintained school should cease to maintain a plan;
(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).
(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—
(a) information or documents that must be given to a child under this Part, or
(b) what it means to exercise the rights conferred on a child by this Part.
(4) 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).

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Source: https://www.legislation.gov.uk/anaw/2018/2/section/70 (the official version)
Page: https://openlegislation.uk/additional-learning-needs-and-education-tribunal-wales-act-2018/section-70
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.