Additional Learning Needs and Education Tribunal (Wales) Act 2018 (2018 anaw 2)

This Act aims to transform the support framework for children and young people with additional learning needs (ALN) in Wales. It replaces the existing special educational needs (SEN) system with a simpler, more unified approach. Key highlights include the introduction of Individual Development Plans (IDPs) for children and young people from birth to 25 years, ensuring tailored support. The Act establishes statutory rights for families to challenge decisions through the Education Tribunal for Wales and emphasises collaboration among local authorities, health boards, and educational institutions to deliver cohesive support and improve educational outcomes.

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Additional Learning Needs and Education Tribunal (Wales) Act 2018 (2018 anaw 2)

This Act aims to transform the support framework for children and young people with additional learning needs (ALN) in Wales. It replaces the existing special educational needs (SEN) system with a simpler, more unified approach. Key highlights include the introduction of Individual Development Plans (IDPs) for children and young people from birth to 25 years, ensuring tailored support. The Act establishes statutory rights for families to challenge decisions through the Education Tribunal for Wales and emphasises collaboration among local authorities, health boards, and educational institutions to deliver cohesive support and improve educational outcomes.

Quick and comprehensive access to the most accurate, up-to-date legislation.

LexisNexis traffic light system shows the status of legislation and cases so you are always using up-to-date law while historical versioning and legislative timelines lets you see exactly what has changed in legislation over time.

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Additional Learning Needs and Education Tribunal (Wales) Act 2018 (2018 anaw 2)

Part 1 Overview (Ss 1-1)

1 Overview of this Act

Part 2 Additional Learning Needs (Ss 2-90)

2 Additional learning needs

3 Additional learning provision

4 Additional learning needs code

5 Procedure for making the code

6 Duty to involve and support children, their parents and young people

7 Duty to have regard to the United Nations Convention on the Rights of the Child

8 Duty to have regard to the United Nations Convention on the Rights of Persons with Disabilities

9 Advice and information

10 Individual development plans

11 Duty to decide: maintained schools and further education institutions

12 Duties to prepare and maintain plans: maintained schools and further education institutions

13 Duty to decide: local authorities

14 Duties to prepare and maintain plans: local authorities

15 Key terms

16 Amendments to the Social Services and Well-being (Wales) Act 2014

17 Duty to refer a matter to a local authority that looks after a child

18 Duty to decide whether a looked after child has additional learning needs

19 Duties to prepare and maintain plans for looked after children

20 Additional learning provision: Local Health Boards and NHS trusts

21 Individual development plans: Local Health Boards and NHS trusts

22 Provision of information about individual development plans

23 Review and revision of individual development plans

24 Review and revision of individual development plans for looked after children

25 Relationship of individual development plans to other similar documents

26 Reconsideration by local authorities of decisions under section 11(1)

27 Reconsideration by local authorities of plans maintained under section 12

28 Local authority duty to decide whether to take over governing body plans

29 Circumstances in which the duties in sections 26(2), 27(2) and 28(3) do not apply

30 Registration or enrolment at more than one institution

31 Ceasing to maintain individual development plans

32 Reconsideration by local authorities of decisions of governing bodies under section 31

33 Limitation on ceasing to maintain plans to allow reconsideration or appeal

34 Individual development plan after a young person's 25th birthday

35 Transfer of duties to maintain plans

36 Request to transfer plan to governing body of further education institution

37 Regulations about transfer of individual development plans

38 Local authority power to direct governing bodies of maintained schools

39 Meaning of “detained person” and other key terms

40 Duty to prepare individual development plans for detained persons

41 Circumstances in which the duty in section 40(2) does not apply

42 Duty to keep individual development plans for detained persons

43 Release of a detained person

44 Certain provisions of Part 2 not to apply to children and young persons in detention

45 Detention under Part 3 of the Mental Health Act 1983

46 Regulations about deciding whether an individual development plan is necessary

47 Duty to take all reasonable steps to secure additional learning provision

48 Duty to admit children to named maintained schools

49 No power to charge for provision secured under this Part

50 Welsh Ministers' duties to secure post-16 education and training

51 Duty to favour education for children at mainstream maintained schools

52 Children with additional learning needs in mainstream maintained schools

53 Additional learning provision otherwise than in schools

54 Amendments to registration requirements for independent schools in Wales

55 Conditions applicable to securing additional learning provision at independent schools

56 List of independent special post-16 institutions

57 Abolition of approval of non-maintained special schools in Wales

58 Abolition of approval of independent schools in Wales

59 Additional learning provision outside England and Wales

60 Additional learning needs co-ordinator

61 Designated education clinical lead officer

62 Early years additional learning needs lead officer

63 Duty to keep additional learning provision under review

64 Duty of health bodies to notify parents etc

65 Duties to provide information and other help

66 Right of local authority to access premises of schools and other institutions

67 Provision of goods or services in relation to additional learning provision

68 Arrangements for the avoidance and resolution of disagreements

69 Independent advocacy services

70 Appeal and application rights

71 Decisions on appeals and applications under section 70

72 Appeal rights: detained persons

73 Decisions on appeals under section 72

74 Regulations about appeals and applications

75 Regulations about procedure

76 NHS Bodies: evidence and Tribunal recommendations

77 Compliance with orders

78 Power to share documents and other information with the Welsh Ministers

79 Offence

80 Allowances for attendance at the Education Tribunal for Wales

81 Appeals from the Education Tribunal for Wales to the Upper Tribunal

82 Regulations about disclosure and use of information

83 Parents and young people lacking capacity

84 Capacity of children

85 Case friends for children who lack capacity

86 Students at further education institutions undertaking higher education courses

87 Application of reconsideration provisions to pupils and students resident in England

88 Giving notice etc under this Part

89 Review of additional learning provision in Welsh

90 Power to amend duties to secure additional learning provision in Welsh

Part 3 Education Tribunal For Wales (Ss 91-94)

91 Constitution of the Education Tribunal for Wales

92 The President and members of the panels

93 Deputy President of the Tribunal

94 Remuneration and expenses

Part 4 Miscellaneous And General (Ss 95-101)

95 Meaning of “in the area” of a local authority

96 Minor and consequential amendments and repeals

97 Power to make consequential and transitional provision etc

98 Regulations

99 General interpretation

100 Coming into force

101 Short title and inclusion as one of the Education Acts

SCHEDULE 1 Minor And Consequential Amendments And Repeals