Legalize / United Kingdom / Wales / Act of Senedd Cymru

Additional Learning Needs and Education Tribunal (Wales) Act 2018

Type Act of Senedd Cymru

Publication 2018-01-24

Last updated 2026-09-01

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(6) Section 562 of the Education Act 1996 (c. 56) is to have effect for the purpose of the powers and duties conferred or imposed by or under this Part on local authorities as though section 49 of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) were fully in force in relation to Wales.

(7) For the purposes of this Part, the reference in subsection (1) of section 562 of the Education Act 1996 (c. 56) to relevant youth accommodation is to have effect as though it were a reference to relevant youth accommodation in Wales or England.

Detention under Part 3 of the Mental Health Act 1983

45

(1) Subsection (2) applies where, because of section 44 or section 562 of the Education Act 1996 (c.56), powers or duties conferred or imposed by or under this Part on local authorities or on the governing bodies of maintained schools or institutions in the further education sector do not apply in relation to a child or young person who is—

(a) subject to a detention order (within the meaning given by section 562(1A)(a), (2) and (3) of the Education Act 1996), and

(b) detained in a hospital under Part 3 of the Mental Health Act 1983 (c. 20).

(2) Regulations may provide for those powers or duties to be applied, with or without modification, in relation to the child or young person.

Necessity of plans

Regulations about deciding whether an individual development plan is necessary

46

(1) Regulations under this section apply to the following provisions and decisions made under them—

(a) section 14(1)(c)(ii);

(b) section 31(6)(b);

(2) Regulations may—

(a) specify factors to be taken into account in assessing whether it is necessary to prepare or maintain a plan;

(b) specify circumstances in which it is, or is not, necessary to prepare or maintain a plan;

(c) provide for what are, and what are not, to be considered reasonable needs for education or training (whether in specifying factors, specifying circumstances or otherwise);

(d) make further provision about the definition of “education or training”;

(e) make provision about the process for making decisions.

CHAPTER 3 — SUPPLEMENTARY FUNCTIONS

Functions relating to securing additional learning provision

Duty to take all reasonable steps to secure additional learning provision

47

(1) Subsection (2) applies to a child or young person—

(a) who has additional learning needs,

(b) for whom an individual development plan is not being maintained, and

(c) who is a registered pupil at a maintained school in Wales or an enrolled student at an institution in the further education sector in Wales.

(2) The governing body of the maintained school or institution in the further education sector (as the case may be) must, in exercising its functions in relation to the school or institution, take all reasonable steps to secure that the additional learning provision called for by the child's or young person's additional learning needs is made.

(3) The Code under section 4 must include guidance about the exercise of the function in subsection (2) during the period in which an individual development plan is being prepared for a child or young person but has not been given.

(4) Subsection (5) applies to a child or young person—

(a) for whom an individual development plan is being maintained by a local authority, and

(b) who is a registered pupil at a maintained school in Wales or an enrolled student at an institution in the further education sector in Wales.

(5) The governing body of the maintained school or institution in the further education sector (as the case may be) must take all reasonable steps to help the local authority that maintains the plan to secure the additional learning provision specified in it.

Duty to admit children to named maintained schools

48

(1) Subsection (2) applies if a maintained school in Wales is named in an individual development plan prepared or maintained for a child by a local authority for the purpose of securing admission of the child to the school.

(2) The governing body of the school must admit the child.

(3) Before naming a school under this section, the local authority must consult—

(a) the governing body of the school, and

(b) in the case of a maintained school where neither the local authority nor its governing body is the admissions authority for the school, the local authority for the area in which the school is located.

(4) A local authority may only name a maintained school in an individual development plan for the purpose of securing admission of a child if—

(a) the authority is satisfied that the child's interest requires the additional learning provision identified in his or her plan to be made at the school, and

(b) it is appropriate for the child to be provided with education or training at the school.

(5) Subsection (2) has effect despite any duty imposed on the governing body of a school by section 1(6) of the School Standards and Framework Act 1998 (c. 31) (limits on infant class sizes).

(6) Subsection (2) does not affect any power to exclude a pupil from a school.

(7) In this section, “admissions authority” has the meaning given by section 88 of the School Standards and Framework Act 1998.

No power to charge for provision secured under this Part

49

(1) No charge may be made by a governing body or a local authority to a child, a child's parent or a young person for anything that the governing body or local authority secures for a child or young person under this Part.

(2) A child, a child's parent or a young person is not liable to pay any charge made by a person for anything that a governing body or local authority secures for a child or young person under this Part.

(3) In this section, “parent” does not include a parent who is not an individual.

(4) Schedule 1 to the Social Services and Well-being (Wales) Act 2014 (anaw 4) is amended as follows.

(5) In paragraph 1, in sub-paragraph (1), after “other than in the cases mentioned in sub-paragraph (8)” insert “ , and in cases where charging is prohibited by or under an enactment ”.

Welsh Ministers’ duties to secure post-16 education and training

50

(1) The Learning and Skills Act 2000 (c. 21) is amended as follows.

(2) In section 31(3) (education and training for persons aged 16 to 19), after paragraph (c) insert—

(cc) take account of the education and training that is required in order to ensure that employees and potential employees are available who are able to deliver additional learning provision in Welsh; (cd) take account of the education and training that is required in order to ensure that facilities are available for assessing through the medium of Welsh whether persons have additional learning needs;

(3) In section 32(3) (education and training for persons over 19), after paragraph (c) insert—

(cc) take account of the education and training that is required in order to ensure that employees and potential employees are available who are able to deliver additional learning provision in Welsh; (cd) take account of the education and training that is required in order to ensure that facilities are available for assessing through the medium of Welsh whether persons have additional learning needs;

(4) In section 41 (persons with learning difficulties)—

(a) in the heading, for “learning difficulties” substitute “ additional learning needs ”;

(b) in subsection (1)—

(i) in paragraph (a), for “learning difficulties, and” substitute “ additional learning needs; ”;

(ii) for paragraph (b) substitute—

(b) to the desirability of facilities being available which would assist the discharge of duties under the Additional Learning Needs and Education Tribunal (Wales) Act 2018.

;

(d) for subsection (5) substitute—

(5A) In this Part, “additional learning needs” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, and “additional learning provision” has the meaning given by section 3 of that Act.

;

(e) omit subsection (6).

(5) Omit section 140 (assessments relating to learning difficulties).

Additional learning provision in particular kinds of school or other institution

Duty to favour education for children at mainstream maintained schools

51

(1) A local authority exercising functions under this Part in relation to a child of compulsory school age with additional learning needs who should be educated in a school must secure that the child is educated in a mainstream maintained school unless any of the circumstances in paragraphs (a) to (c) of subsection (2) apply.

(2) The circumstances are—

(a) that educating the child in a mainstream maintained school is incompatible with the provision of efficient education for other children;

(b) that educating the child otherwise than in a mainstream maintained school is appropriate in the best interests of the child and compatible with the provision of efficient education for other children;

(3) A local authority may not rely on the exception in subsection (2)(a) unless there are no reasonable steps the authority could take to prevent the incompatibility.

(4) Where a child's parent wishes his or her child to be educated otherwise than in a mainstream maintained school, subsection (2)(c) does not require a local authority to secure that the child is educated otherwise than in a mainstream maintained school.

(5) Subsection (1) does not prevent a child from being educated in—

(a) an independent school, or

(b) a school approved under section 342 of the Education Act 1996 (c. 56),

if the cost is met otherwise than by a local authority.

Children with additional learning needs in mainstream maintained schools

52

(1) Where a child with additional learning needs is being educated in a mainstream maintained school in Wales, those concerned with making additional learning provision for the child must secure that the child engages in the activities of the school together with children who do not have additional learning needs.

(2) The duty in subsection (1) applies only so far as is reasonably practicable and compatible with—

(a) the child receiving the additional learning provision called for by his or her additional learning needs,

(b) the provision of efficient education for the children with whom he or she will be educated, and

Additional learning provision otherwise than in schools

53

(1) A local authority may arrange for the additional learning provision described in an individual development plan it maintains for a child, or any part of that additional learning provision, to be made otherwise than in a school.

(2) But a local authority may only do so if it is satisfied that it would be inappropriate for the additional learning provision to be made in a school.

Amendments to registration requirements for independent schools in Wales

54

(1) The Education Act 2002 (c. 32) is amended as follows.

(2) In section 158 (registers), after subsection (3) insert—

(4) The Welsh Ministers must publish a list of the schools included in the register of independent schools in Wales, as amended from time to time. (5) If the Welsh Ministers have been provided with the necessary information by the proprietor of the school, the published list must specify the type or types of additional learning provision made by a school on the list for pupils with additional learning needs (if any).

(3) In section 160 (applications for registration), in subsection (2), for paragraph (e) substitute⁠—

(e) the type or types of additional learning provision made by the school for pupils with additional learning needs (if any).

Conditions applicable to securing additional learning provision at independent schools

55

(1) A local authority may not exercise its functions under this Part to secure that a child or young person is educated at an independent school in Wales unless—

(a) the school is included in the register of independent schools in Wales, and

(b) the local authority is satisfied that the school can make the additional learning provision described in the child's or young person's individual development plan.

(2) A local authority may not exercise its functions under this Part to secure that a child or young person is educated at an independent educational institution in England unless—

(a) the institution is included in the register of independent educational institutions in England (kept under section 95 of the Education and Skills Act 2008 (c. 25) (“the 2008 Act”)), and

(b) the local authority is satisfied that the institution can make the additional learning provision described in the child's or young person's individual development plan.

(3) In this section, “independent educational institution” has the meaning given by Chapter 1 of Part 4 of the 2008 Act.

List of independent special post-16 institutions

56

(1) The Welsh Ministers must establish and maintain a list of independent special post-16 institutions in Wales and England (“the list”) for the purpose of subsection (3).

(2) The Welsh Ministers must publish the list, as amended from time to time.

(3) A local authority may only exercise its functions under this Part to secure education or training for a child or young person at an independent special post-16 institution in Wales or England if the institution is included in the list, subject to any prescribed exemptions.

(4) The Welsh Ministers may only include an institution in the list on application by its proprietor.

(5) Regulations must provide for—

(a) the contents of the list;

(b) requirements to be complied with as a condition of being included in the list;

(c) requirements to be complied with while the institution is listed (including requirements for approval by the Welsh Ministers of arrangements at the institution and change of such arrangements);

(d) removal of the institution from the list;

(e) rights of appeal to the First-tier Tribunal for proprietors of institutions against decisions—

(i) to refuse to list an institution;

(ii) to remove an institution from the list;

(iii) not to approve or not to approve a change to arrangements at the institution.

(6) In this section, “independent special post-16 institution” means an institution which provides education or training for persons over compulsory school age and is specially organised to provide such education or training for persons with additional learning needs, and which is not—

(a) an institution within the further education sector,

(b) an independent school included in the register of independent schools in Wales (kept under section 158 of the Education Act 2002 (c. 32)),

(c) an independent educational institution (within the meaning of Chapter 1 of Part 4 of the Education and Skills Act 2008 (c. 25)), which has been included in the register of independent educational institutions in England (kept under section 95 of that Act), or

(d) a 16 to 19 Academy.

Abolition of approval of non-maintained special schools in Wales

57

(1) The Education Act 1996 (c. 56) is amended as follows.

(2) In section 337A (interpretation of Chapter), omit the definition of “the appropriate national authority”.

(3) In section 342 (approval of non-maintained special schools)—

(a) in subsection (1)—

(i) for “appropriate national authority” substitute “ Secretary of State ”, and

(ii) after “school”, the first time it appears, insert “ in England ”;

(b) in subsection (5)(a), for “appropriate national authority” substitute “ Secretary of State ”;

Abolition of approval of independent schools in Wales

58

Section 347 of the Education Act 1996 (c. 56) (approval of independent schools as suitable for admission of children with statements of special educational needs) is repealed.

Additional learning provision outside England and Wales

59

A local authority may exercise its functions under this Part to make arrangements for a child or young person with additional learning needs to attend an institution outside England and Wales, but only if the institution is organised to make the additional learning provision described in the child's or young person's individual development plan.

Additional learning needs co-ordinating officers

Additional learning needs co-ordinator

60

(1) The duty in subsection (2) applies to—

(a) the governing body of a school in Wales that is—

(i) a community, foundation or voluntary school,

(ii) a maintained nursery school, or

(iii) a pupil referral unit;

(b) the governing body of an institution in the further education sector in Wales.

(2) The governing body must designate a person, or more than one person, to have responsibility for co-ordinating additional learning provision for pupils or students (as the case may be) with additional learning needs.

(3) A person designated under this section is to be known as an “additional learning needs co-ordinator”.

(4) Regulations may—

(a) require governing bodies to ensure that additional learning needs co-ordinators have prescribed qualifications or prescribed experience (or both);

(b) confer functions on additional learning needs co-ordinators in relation to provision for pupils or students (as the case may be) with additional learning needs.

(5) In subsections (2) and (4)(b), “students” means students enrolled at the institution in the further education sector.

Designated education clinical lead officer

61

(1) A Local Health Board must designate an officer to have responsibility for co-ordinating the Board's functions in relation to children and young people with additional learning needs.

(2) A Local Health Board may only designate an officer who is—

(a) a registered medical practitioner, or

(b) a registered nurse or another health professional.

(3) A Local Health Board may only designate an officer it considers to be suitably qualified and experienced in the provision of health care for children and young people with additional learning needs.

(4) An officer designated under this section is to be known as a “designated education clinical lead officer”.

Early years additional learning needs lead officer

62

(1) A local authority must designate an officer to have responsibility for co-ordinating the authority's functions under this Part in relation to children under compulsory school age who are not attending maintained schools.

(2) An officer designated under this section is to be known as an “early years additional learning needs lead officer”.

Miscellaneous functions

Duty to keep additional learning provision under review

63

(1) A local authority must keep under review the arrangements made by the authority and by the governing bodies of maintained schools in its area for children and young people who have additional learning needs.

(2) The local authority must consider the extent to which the arrangements referred to in subsection (1) are sufficient to meet the additional learning needs of the children and young people for whom it is responsible, having regard to the additional learning provision that may reasonably be arranged by others.

(3) The duty in subsection (2) includes a duty to consider—

(a) the sufficiency of additional learning provision in Welsh;

(b) the size and capability of the workforce available.

(4) If a local authority considers that the arrangements referred to in subsection (1) (including the availability of additional learning provision in Welsh) are not sufficient, it must take all reasonable steps to remedy the matter.

(5) In exercising its functions under this section, the local authority must consult such persons, and at such times, as they consider appropriate.

Duty of health bodies to notify parents etc.

64

(1) This section applies where a health body mentioned in subsection (2), in the course of exercising its functions in relation to a child who is under compulsory school age and for whom a local authority is responsible, forms the opinion that the child has, or probably has, additional learning needs.

(2) The health bodies are—

(a) a Local Health Board;

(b) an NHS trust;

(d) an NHS foundation trust;

(e) a Special Health Authority.

(3) The health body must inform the child's parent of its opinion and of its duty in subsection (4).

(4) After giving the parent an opportunity to discuss the health body's opinion with an officer of the body, the health body must bring it to the attention of the local authority that is responsible for the child or, if the child is looked after, to the attention of the local authority that looks after the child, if the health body is satisfied that doing so would be in the best interests of the child.

(5) If the health body is of the opinion that a particular voluntary organisation is likely to be able to give the parent advice or other assistance in connection with any additional learning needs that the child may have, it must inform the parent accordingly.

Duties to provide information and other help

65

(1) Subsection (2) applies if a local authority requests a person mentioned in subsection (4) to exercise the person's functions to provide the authority with information or other help, which it requires for the purpose of exercising its functions under this Part.

(2) The person must comply with the request unless the person considers that doing so would—

(a) be incompatible with the person's own duties, or

(b) otherwise have an adverse effect on the exercise of the person's functions.

(3) A person that decides not to comply with a request under subsection (1) must give the local authority that made the request written reasons for the decision.

(4) The persons are—

(a) another local authority;

(b) a local authority in England;

(d) the governing body of an institution in the further education sector in Wales or England;

(e) the proprietor of an Academy;

(f) a youth offending team for an area in Wales or England;

(g) a person in charge of relevant youth accommodation in Wales or England;

(h) a Local Health Board;

(i) an NHS trust;

(j) NHS England;

(k) an integrated care board;

(l) an NHS foundation trust;

(m) a Special Health Authority.

(5) Regulations may provide that, where a person is under a duty to comply with a request under this section, the person must comply with the request within a prescribed period, unless a prescribed exception applies.

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

66

(1) This section applies where a local authority maintains an individual development plan under this Part for a child or young person.

(2) A person authorised by the local authority is entitled to have access at any reasonable time to any place where education or training is provided for the child or young person at the premises of an institution listed in subsection (3) if access to the place is necessary for the purpose of exercising the local authority's functions under this Part.

(3) The institutions are—

(a) an independent school in Wales or England;

(b) a maintained school in the area of another local authority in Wales or England;

(d) an Academy;

(e) a non-maintained special school;

(f) an independent special post-16 institution included in the list under section 56.

Provision of goods or services in relation to additional learning provision

67

(1) Regulations may provide for a local authority to supply goods or services to—

(a) a person exercising functions under this Part, or

(b) a person making additional learning provision in connection with the exercise of functions under this Part.

(2) The regulations may, among other things, provide for the terms and conditions on which goods and services may be supplied.

CHAPTER 4 — AVOIDING AND RESOLVING DISAGREEMENTS

Local authority arrangements

Arrangements for the avoidance and resolution of disagreements

68

(1) A local authority must make arrangements with a view both to avoiding and to resolving disagreements between—

(a) education bodies, and

(b) children or young people for whom the authority is responsible, or in the case of such children, their parents,

about the exercise by education bodies of their functions under this Part.

(2) A local authority must make arrangements with a view both to avoiding and to resolving disagreements between—

(a) proprietors of relevant institutions, and

(b) children or young people who have additional learning needs for whom the authority is responsible and, in the case of such children, their parents,

about the additional learning provision made for children or young people.

(3) The arrangements under subsections (1) and (2) must include provision for parties to a disagreement to access help in resolving it from persons who are independent of the parties.

(4) A local authority must promote the use of the arrangements made under this section.

(5) A local authority must take reasonable steps to inform children, their parents and young people that arrangements made under this section do not affect any rights they may have to appeal to the Education Tribunal for Wales.

(6) In this section, an “education body” means any of the following—

(a) the governing body of a maintained school;

(b) the governing body of an institution in the further education sector;

(7) In this section, “relevant institution” means—

(a) a maintained school in Wales or England;

(b) an institution in the further education sector in Wales or England;

(d) an independent school in Wales or England;

(e) a non-maintained special school;

(f) an Academy.

(8) For the purposes of this section and section 69 a local authority is also responsible for children it looks after who are not in its area and detained persons for whom it is the home authority.

Independent advocacy services

69

(1) A local authority must—

(a) make arrangements for the provision of independent advocacy services for the children and young people for whom it is responsible;

(b) refer any child or young person for whom it is responsible who requests independent advocacy services to an independent advocacy service provider;

(c) refer any person who is a case friend for a child for whom it is responsible and who requests independent advocacy services to an independent advocacy service provider.

(2) In this section “independent advocacy services” means advice and assistance (by way of representation or otherwise) to a child, a young person or a case friend—

(a) making, or intending to make, an appeal to the Education Tribunal for Wales under this Part,

(b) considering whether to appeal to the Tribunal, or

(3) In making arrangements under this section, a local authority must have regard to the principle that any services provided under the arrangements must be independent of any person who is—

(a) the subject of an appeal to the Tribunal, or

(b) involved in investigating or adjudicating on such an appeal.

(4) The arrangements may include provision for the local authority to make payments to, or in relation to, any person carrying out functions in accordance with the arrangements made under this section.

Appeals and applications to the Tribunal

Appeal and application rights

70

(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;

(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;

(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).

Decisions on appeals and applications under section 70

71

(1) On appeal under section 70(2), the Education Tribunal for Wales may—

(a) dismiss the appeal;

(b) order that a person has, or does not have, additional learning needs of a kind specified in the order;

(c) order the governing body of an institution in the further education sector in Wales or a local authority to prepare an individual development plan;

(d) order the governing body of an institution in the further education sector in Wales or a local authority to revise an individual development plan as specified in the order;

(e) order a governing body of a maintained school in Wales or an institution in the further education sector in Wales or local authority to continue to maintain an individual development plan (with or without revisions);

(f) order a local authority to take over responsibility for maintaining an individual development plan;

(g) order a governing body of an institution in the further education sector in Wales or local authority to review an individual development plan;

(h) remit the case to the governing body of an institution in the further education sector in Wales or local authority responsible for the matter for it to reconsider whether, having regard to any observations made by the Tribunal, it is necessary for a different decision to be made or different action to be taken.

(2) On application under section 70(3) in respect of a child, the Education Tribunal for Wales may declare 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.

Appeal rights: detained persons

72

(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;

(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).

Decisions on appeals under section 72

73

On appeal under section 72, the Education Tribunal for Wales may—

(a) dismiss the appeal;

(b) order that a detained person has or does not have additional learning needs of a kind specified in the order;

(d) order a home authority to revise an individual development plan as specified in the order;

(e) remit the case to the home authority responsible for the matter for it to reconsider whether, having regard to any observations made by the Tribunal, it is necessary for a different decision to be made or different action to be taken.

Regulations about appeals and applications

74

(1) Regulations may make further provision about appeals and applications to the Education Tribunal for Wales under this Part, including, for example, provision—

(a) about other matters relating to an individual development plan against which appeals may be brought;

(b) about making and determining appeals or applications;

(d) for unopposed appeals or applications.

(2) Regulations under subsection (1)(c) may include provision conferring power on the Tribunal, on determining an appeal against a matter or an application, to make recommendations in respect of other matters (including matters against which no appeal or application may be brought).

Regulations about procedure

75

(1) Regulations may make provision about—

(a) the initiation of an appeal or application under this Part;

(b) the proceedings of the Education Tribunal for Wales on an appeal or application under this Part.

(2) Regulations under subsection (1) may include provision—

(a) as to the period within which, and the manner in which, appeals or applications are to be commenced;

(b) where the jurisdiction of the Tribunal is being exercised by more than one tribunal⁠—

(i) for determining by which tribunal any appeal or application is to be heard, and

(ii) for the transfer of proceedings from one tribunal to another;

(c) for enabling any functions relating to matters preliminary or incidental to an appeal or application to be performed by the President or by the legal chair;

(d) for hearings to be conducted in the absence of a member other than the legal chair;

(e) as to the persons who may appear on behalf of the parties;

(f) for granting such rights to disclosure or inspection of documents or to further particulars as may be granted by the county court;

(g) requiring persons to attend to give evidence and produce documents;

(h) for authorising the administration of oaths to witnesses;

(i) for the determination of appeals or applications without a hearing in prescribed circumstances;

(j) as to withdrawal of appeals or applications;

(k) as to the award of costs or expenses;

(l) for assessing or otherwise settling any costs or expenses (and, in particular, for enabling such costs or expenses to be assessed in the county court);

(m) for the registration and proof of decisions and orders;

(n) for enabling the Tribunal to review its decisions, or revoke or vary its orders, in prescribed circumstances;

(o) for enabling the Tribunal to stay proceedings;

(p) for adding and substituting parties;

(q) for enabling appeals or applications by different persons to be dealt with together;

(r) for an appeal or application under this Part to be heard, in circumstances prescribed in the regulations, with a claim under Chapter 1 of Part 6 of the Equality Act 2010 (c. 15).

(3) Proceedings before the Tribunal must be held in private, except in prescribed circumstances.

(4) Part 1 of the Arbitration Act 1996 (c. 23) does not apply to any proceedings before the Tribunal but regulations may make provision corresponding to any provision of that Part.

NHS Bodies: evidence and Tribunal recommendations

76

(1) The Education Tribunal for Wales may, in relation to an appeal under this Part,—

(a) exercise its functions to require an NHS body to give evidence about the exercise of the body's functions;

(b) make recommendations to an NHS body about the exercise of the body's functions.

(2) Nothing in subsection (1) affects the generality of the powers to make regulations in sections 74 and 75.

(3) An NHS body to whom a recommendation has been made by the Tribunal must make a report to the Tribunal before the end of any prescribed period beginning with the date on which the recommendation is made.

(4) The report under subsection (3) must state –

(a) the action that the NHS body has taken or proposes to take in response to the recommendation, or

(b) why the NHS body has not taken and does not propose to take any action in response to the recommendation.

Compliance with orders

77

(1) If the Education Tribunal for Wales makes an order under this Part, the governing body or local authority concerned must comply with the order before the end of any prescribed period beginning with the date on which it is made.

(2) The governing body or local authority concerned must make a report to the Tribunal stating whether and how it has complied with the order before the end of a period of 14 days beginning with the first day after end of the period prescribed under subsection (1).

78

The Education Tribunal for Wales may share with the Welsh Ministers any document or other information in its possession that relates to whether or not an order or recommendation made by the Tribunal under this Part has been or will be complied with or followed.

Offence

79

(1) A person commits an offence if without reasonable excuse that person fails to comply with any requirement—

(a) in respect of the disclosure or inspection of documents, or

(b) to attend to give evidence and produce documents,

where that requirement is imposed by regulations under section 74 or 75 in relation to an appeal or application under section 70 or 72.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Allowances for attendance at the Education Tribunal for Wales

80

The Welsh Ministers may pay allowances for the purpose of or in connection with the attendance of persons at the Education Tribunal for Wales.

Appeals from the Education Tribunal for Wales to the Upper Tribunal

81

(1) A party to any proceedings under section 70 or 72 before the Education Tribunal for Wales may appeal to the Upper Tribunal on any point of law arising from a decision made by the Education Tribunal for Wales in those proceedings.

(2) An appeal may be brought under subsection (1) only if, on an application made by the party concerned, the Education Tribunal for Wales or the Upper Tribunal has given its permission.

(3) Section 12 of the Tribunals, Courts and Enforcement Act 2007 (c. 15) (proceedings on appeal to the Upper Tribunal) applies in relation to appeals to the Upper Tribunal under this section as it applies in relation to appeals to it under section 11 of that Act, but as if references to the First-tier Tribunal were references to the Education Tribunal for Wales.

CHAPTER 5 — GENERAL

Information

Regulations about disclosure and use of information

82

(1) Regulations may make provision about disclosure or use of information for the purposes of this Part or for other purposes connected with the education of a child or young person.

(2) Regulations under subsection (1) may, for example—

(a) specify further persons to whom notice of decisions must be given (including, in specified cases, giving notice of decisions without the consent of the person to whom the decision relates or, in the case of a child, without the consent of that person's parent);

(b) specify further persons to whom written copies of a plan must be provided (including, in specified cases, the provision of copies without the consent of the person to whom the plan relates or, in the case of a child, without the consent of that person's parent);

(d) make provision about the use of information gathered in preparing and maintaining plans.

Capacity

Parents and young people lacking capacity

83

(1) The Welsh Ministers must make regulations for the purpose of giving effect to this Part in a case where a parent of a child, or a young person, lacks capacity at the relevant time.

(2) Regulations under subsection (1) may include provision applying any enactment with modifications, including (for example) provision for—

(a) references to a child's parent to be interpreted as references to, or as including references to, a representative of the parent;

(b) references to a young person to be interpreted as references to, or as including references to, a representative of the young person, the young person's parent, or a representative of the young person's parent;

(c) modifications to have effect despite section 27(1)(g) of the Mental Capacity Act 2005 (c. 9) (which does not permit decisions on discharging parental responsibilities in matters not relating to a child's property to be made on a person's behalf).

(3) In subsection (1) “the relevant time” means the time at which, under the enactment in question, something is required or permitted to be done by or in relation to the parent or young person.

(4) The reference in subsection (1) to lacking capacity is to lacking capacity within the meaning of the Mental Capacity Act 2005.

(5) “Representative”, in relation to a parent or young person, means—

(a) a deputy appointed by the Court of Protection under section 16(2)(b) of the Mental Capacity Act 2005 to make decisions on the parent's or young person's behalf in relation to matters within this Part;

(b) the donee of a lasting power of attorney (within the meaning of section 9 of that Act) appointed by the parent or young person to make decisions on his or her behalf in relation to matters within this Part;

(c) an attorney in whom an enduring power of attorney (within the meaning of Schedule 4 to that Act) created by the parent or young person is vested, where the power of attorney is registered in accordance with paragraphs 4 and 13 of that Schedule or an application for registration of the power of attorney has been made.

Capacity of children

84

(1) Subsections (2) to (7) apply to—

(a) the duty to notify or inform a child under section 11(4), 13(3), 18(3), 22(2), 23(10), 24(9), 27(4), 28(4), 28(7), 31(7), 31(8), 31(9), 32(3), 40(4) or 42(6);

(b) the duty to give a copy of a plan or a revised plan to a child under section 22(1), 23(11), 24(10) or 40(5);

(d) the duty to review a plan following a request by a child under section 23(8) or 24⁠ (7) ;

(e) the duty to reconsider following a request by a child under section 26(1), 27(1) or 32(1)(b);

(f) the duty to decide following a request by a child under section 28(1).

(2) The condition or duty does not apply if the governing body, local authority or NHS body (as the case may be) considers that the child does not have the capacity to understand the subject matter, unless subsection (3) applies.

(3) This subsection applies if—

(a) in the case of a decision by a governing body of a maintained school, the local authority responsible for the child informs the governing body that it considers that the child does have the capacity to understand the subject matter,

(b) a case friend has been appointed for the child under section 85 by order of the Education Tribunal for Wales, subject to provision in or under that section, or

(c) a declaration is made by the Education Tribunal for Wales under section 71(2) that the child does have the capacity to understand the subject matter.

(4) The condition or duty does not apply to a governing body of a maintained school if the local authority responsible for the child informs the governing body that the authority considers that the child does not have the capacity to understand the subject matter.

(5) Subsection (6) applies where—

(a) a governing body of a maintained school considers that a child either does or does not have the capacity to understand the subject matter relating to the exercise of a function to which this section applies, and

(b) the child or the child's parent requests the local authority responsible for the child to reconsider the matter.

(6) The local authority must decide whether the child has the capacity to understand the subject matter.

(7) The condition or duty does not apply if the Education Tribunal for Wales declares under section 71(2) that the child does not have the capacity to understand.

(8) In this section “the capacity to understand the subject matter” means 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.

Case friends for children who lack capacity

85

(1) This section applies to a child who lacks 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.

(2) The Education Tribunal for Wales may by order—

(a) appoint a person to be a case friend for a child to whom this section applies, or

(b) remove the person from being a case friend for the child,

on the application of any person or on its own initiative, subject to provision in regulations under subsection (8).

(3) A case friend appointed for a child under this section may—

(a) represent and support the child, and

(b) take decisions and act on behalf of the child,

in respect of matters arising under or by virtue of this Part, subject to provision in regulations under subsection (8).

(4) Where a person is appointed to be a case friend by order of the Tribunal under this section, the rights of a child under the provisions in subsection (5) are to be exercised by the case friend on behalf of the child and the provisions are to be interpreted accordingly.

(5) The provisions are—

(a) sections 11(4), 13(3), 18(3), 22(2), 23(10), 24(9), 27(4), 28(4), 28(7), 31(7), 31(8), 31(9), 32(3), 40(4) and 42(6) (duties to notify or inform);

(b) sections 22(1), 23(11), 24(10) and 40(5) (duties to give a copy of a plan or a revised plan);

(d) sections 23(8) and 24 (7) (duty to review a plan following a request);

(e) sections 26(1), 27(1) and 32(1)(b) (duties to reconsider following a request);

(f) section 28(1) (duty to decide following a request);

(g) section 70(2) (right of appeal);

(h) section 72 (right of appeal: detained persons).

(6) A case friend appointed under this section must—

(a) act fairly and competently,

(b) not have any interest adverse to that of the child,

(d) take account of the child's views, so far as possible.

(7) In deciding whether to appoint a person to be a case friend, or to remove a person from being a case friend, the Tribunal must have regard, in particular, to whether the person is likely to comply (in the case of appointment) or has complied (in the case of removal) with the duty in subsection (6).

(8) Regulations may make further provision about case friends, including (among other things) provision—

(a) conferring functions on the Education Tribunal for Wales;

(b) conferring functions on case friends;

(d) specifying the circumstances in which a person may or may not act as a case friend;

(e) specifying the circumstances in which a child must have a case friend;

(f) specifying requirements in respect of the conduct of case friends;

(g) applying any enactment with or without modifications for the purpose of enabling a case friend to make decisions or act on behalf of a child in respect of matters arising under or by virtue of this Part.

Higher education courses provided by further education institutions

Students at further education institutions undertaking higher education courses

86

(1) For the purposes of this Part, a higher education student at an institution in the further education sector is not to be treated as enrolled as a student at the institution.

(2) The duty imposed on a local authority by section 68(2) (arrangements for the avoidance and resolution of disagreements) does not apply in so far as it would otherwise apply in relation to a young person in so far as that person is a higher education student at an institution in the further education sector.

(3) A person is a higher education student at an institution in the further education sector if the person is undertaking a higher education course provided by the institution and is not also receiving education or training provided by it.

(4) Where a person enrolled as a student at an institution in the further education sector is receiving education or training provided by it, and is also undertaking a higher education course provided by it, the person is a higher education student at the institution in relation to the higher education course (but is otherwise to be treated as enrolled as a student at the institution).

(5) In this section, “higher education course” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 (c. 40).

Pupils and students at Welsh institutions who are resident in England

Application of reconsideration provisions to pupils and students resident in England

87

(1) Subsections (2) and (3) of this section apply to a child or young person who is—

(a) in the area of a local authority in England, and

(b) a registered pupil at a maintained school in Wales.

(2) Sections 26, 27, 29 (in its application to sections 26 and 27 only) and 32 apply to the child or young person with the following modifications—

(a) in section 26(1)(b), 27(1)(b) and 32(1)(b) for “the local authority responsible for the child or young person” substitute “ the local authority that maintains the school ”;

(b) in section 27(1)(a), for “or 12 (3) ” substitute “ , 12 (3) or 12(5) ”;

(d) in each of the sections the other references to “local authority” are to be interpreted as references to the local authority that maintains the school;

(e) the duty in section 27(6) may only be discharged in accordance with paragraph (a) of that provision.

(3) Section 14 applies to the child or young person by virtue of subsection (2) and section 26(4) with the following modifications—

(a) in section 14(1), omit “a local authority is responsible for a child or young person, and”;

(b) the references to “local authority” are to be interpreted as references to the local authority that maintains the school;

(d) the duty in section 14(2) does not apply if—

(i) the local authority requests a local authority in England to secure an assessment under section 36 of the Children and Families Act 2014 (c. 6) and, by virtue of that request or otherwise, the authority in England is responsible for the child or young person (within the meaning given by section 24(1) of that Act), or

(ii) a local authority in England maintains an EHC plan for the child or young person;

(e) if, following a request under paragraph (d)(i), the local authority is notified by the local authority in England that it is not required to secure an EHC plan for the child, the duty in section 14(2) applies again in respect of the child or young person;

(f) subsections (6) to (10) of section 14 do not apply.

(4) A local authority is responsible for a child or young person who is in the area of a local authority in England for the purposes of sections 68 and 69 if he or she is—

(a) a registered pupil at a school maintained by the authority, or

(b) enrolled as a student at an institution in the further education sector in the authority's area.

Giving notice etc.

Giving notice etc. under this Part

88

(1) This section applies where a provision of this Part requires or authorises (in whatever terms) a governing body or local authority to—

(a) notify a person of something, or

(b) give a document to a person (including a notice or a copy of a document).

(2) The notification or document may be given to the person in question—

(a) by delivering it to the person,

(b) by sending it by post to the person's proper address,

(d) if the conditions in subsection (3) are met, by sending it electronically.

(3) A governing body or local authority may send a notification or document to a person electronically only if the following requirements are met—

(a) the person to whom the notification or document is to be given must have—

(i) indicated to the governing body or local authority a willingness to receive the notification or document electronically, and

(ii) provided the governing body or local authority with an address suitable for that purpose, and

(b) the governing body or local authority sends the notification or document to that address.

(4) For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (references to service by post) in its application to this section, the proper address of a person is the last known address of the person.

(5) A notification or document given to a person by leaving it at the person's proper address is to be treated for the purposes of this Part as having been given at the time at which it was left at that address.

(6) A notification or document given to a person by sending it electronically in accordance with this section is to be treated for the purposes of this Part as having been given, unless the contrary is proved, on the day on which the electronic communication was sent.

Review of additional learning provision in Welsh

89

(1) The Welsh Ministers must arrange—

(a) for reviews of the sufficiency of additional learning provision in Welsh;

(b) for reports on the outcome of the reviews to be produced and published.

(2) Subsection (1) does not prevent reviews from also dealing with other matters.

(3) The first report on the outcome of a review must be published before 1 September in the fifth year following the year in which any of the provisions of this Part are brought into force by order (whether for all or limited purposes).

(4) The Welsh Ministers must publish subsequent reports before 1 September in every fifth year following the last year in which a report was required to be published.

Power to amend duties to secure additional learning provision in Welsh

90

(1) This section applies to the following provisions—

section 12(7)(b);

section 14(10)(c);

section 19(7)(c);

section 20(5)(c);

section 21(5);

section 42(8)(b).

(2) Regulations may omit the words “take all reasonable steps to” from a provision.

(3) Regulations may provide that a provision has effect as if the words “take all reasonable steps to” were omitted—

(a) for a prescribed purpose,

(b) in relation to a prescribed body, or

(4) If the words “take all reasonable steps to” are omitted by regulations under subsection (2) from each provision to which this section applies, regulations may omit section 89.

PART 3 — EDUCATION TRIBUNAL FOR WALES

Constitution of the Education Tribunal for Wales

91

(1) The Special Educational Needs Tribunal for Wales is to continue and is renamed the Education Tribunal for Wales.

(2) The Tribunal is to consist of—

(a) a President of the Tribunal,

(b) a panel of persons who may serve as the legal chair of the Tribunal (“the legal chair panel”), and

(c) a panel of persons who may serve as the other two members of the Tribunal but not as the legal chair (“the lay panel”).

(3) The President is to be appointed by the Lord Chancellor ... .

(4) Each member of the legal chair panel is to be appointed by the Lord Chancellor ....

(5) The members of the lay panel are to be appointed by the Welsh Ministers with the agreement of the Secretary of State and the President.

(6) Regulations made by the Welsh Ministers may—

(a) provide for the jurisdiction of the Tribunal to be exercised by such number of tribunals as the President may determine from time to time, and

(b) make any other provision in connection with the establishment and continuation of the Tribunal which are considered necessary or desirable.

(7) The Welsh Ministers may provide staff and accommodation for the Tribunal.

The President and members of the panels

92

(1) A person may not be appointed as President or member of the legal chair panel unless he or she satisfies the judicial-appointment eligibility condition on a 5-year basis.

(2) A person may not be appointed as a member of the lay panel unless he or she satisfies requirements which may be prescribed in regulations made by the Welsh Ministers.

(3) If in the opinion of the Lord Chancellor and of the Lord Chief Justice the President is unfit to continue in office or is incapable of performing his or her duties, the Lord Chancellor may (with the agreement of the Lord Chief Justice) remove him or her from office.

(4) Each member of the legal chair panel or lay panel is to hold and vacate office under the terms of the instrument under which he or she is appointed.

(5) But a member of the legal chair panel or the lay panel may only be removed from office under the terms of the instrument with the agreement of the President.

(6) The President or a member of the legal chair panel or lay panel—

(a) may resign office by notice in writing to the Lord Chancellor or (as the case may be) the Welsh Ministers, and

(b) is eligible for re-appointment if he or she ceases to hold office.

Deputy President of the Tribunal

93

(1) The President may appoint a member of the legal chair panel as Deputy President of the Tribunal.

(2) A person appointed as Deputy President of the Tribunal holds and vacates that position in accordance with the terms of appointment.

(3) A person ceases to be Deputy President if he or she ceases to be a member of the legal chair panel.

(4) A person may resign as Deputy President by notice in writing to the President.

(5) A Deputy President may exercise functions of the President if—

(a) the President has delegated their exercise to the Deputy President,

(b) the office of President is vacant, or

Remuneration and expenses

94

The Welsh Ministers may—

(a) pay remuneration and allowances to the President and any other person in respect of his or her service as a member of the Tribunal, and

(b) defray the expenses of the Tribunal.

PART 4 — MISCELLANEOUS AND GENERAL

Miscellaneous

Meaning of “in the area” of a local authority

95

In section 579 of the Education Act 1996 (c. 56)—

(a) in subsection (3A), after “Wales” insert “ or who would be wholly or mainly resident in the area of a local authority in Wales were it not for provision secured for the person under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 ”.

(b) in subsection (3B), after “England” insert “ or who would be wholly or mainly resident in the area of a local authority in England were it not for provision secured for the person under Part 3 of the Children and Families Act 2014 ”.

(3C) The Welsh Ministers may make further provision by regulations about the meaning of references in this Act to a person who is “in the area” of a local authority in Wales.

General

Minor and consequential amendments and repeals

96

Schedule 1 provides for minor and consequential amendments and repeals.

Power to make consequential and transitional provision etc.

97

(1) If the Welsh Ministers consider it necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act, they may by regulations make—

(a) any supplementary, incidental or consequential provision, and

(b) any transitory, transitional or saving provision.

(2) Regulations under this section may amend, repeal or revoke any enactment or statutory document.

(3) A statutory document amended by regulations under this section must be published in its amended form by the person having the function of making or issuing the document.

(4) In this section, “statutory document” means an instrument (other than a statutory instrument) that is—

(a) made or issued under an enactment, and

(b) subject to a National Assembly for Wales procedure required by an enactment before it may be made or issued.

Regulations

98

(1) A power to make regulations under this Act is to be exercised by statutory instrument.

(2) A power to make regulations under this Act includes power to make—

(a) different provision for different purposes or cases;

(b) incidental, supplementary, consequential, transitory, transitional or saving provision.

(3) A statutory instrument containing any of the following may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales—

(a) regulations under section 3(4), 39(2), 45, 46, 60(4), 74(1), 75, 82, 83, 85, 90 or 99(8);

(b) the first regulations made under section 15(2);

(c) regulations made under section 97 which amend or repeal any provision of an Act of Parliament or a Measure or Act of the National Assembly for Wales.

(4) Any other statutory instrument containing regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

General interpretation

99

(1) In this Act—

“additional learning needs” (“anghenion dysgu ychwanegol”) has the meaning given by section 2;

“additional learning provision” (“darpariaeth ddysgu ychwanegol”) has the meaning given by section 3;

“beginning of detention” (“dechrau'r cyfnod o gadw person yn gaeth”) has the meaning given by section 39;

“case friend” (“cyfaill achos”) means a person appointed under section 85;

“child” (“plentyn”) means a person not over compulsory school age;

“detained person”(“person sy'n cael ei gadw'n gaeth”) has the meaning given by section 39;

“education” (“addysg”) includes full-time and part-time education, but does not include higher education; and “educational” (“addysgol”) and “educate” (“addysgu”) (and other related terms) are to be interpreted accordingly;

“EHC plan” (“cynllun AIG”) means a plan within section 37(2) of the Children and Families Act 2014 (c. 6) (education, health and care plans);

“enactment” (“deddfiad”) means a provision contained in any of the following (whenever enacted or made)—an Act of Parliament;a Measure or an Act of the National Assembly for Wales (including a provision of this Act);subordinate legislation made under an Act falling within paragraph (a) or a Measure or Act falling within paragraph (b);

“governing body” (“corff llywodraethu”), in relation to the governing body of an institution in the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13);

“home authority” (“awdurdod cartref”) has the meaning given by section 39;

“independent reviewing officer” (“swyddog adolygu annibynnol”) has the meaning given by section 15;

“individual development plan” (“cynllun datblygu unigol”) has the meaning given by section 10;

“institution in the further education sector” (“sefydliad yn y sector addysg bellach”) means an institution falling within section 91(3) of the Further and Higher Education Act 1992;

“integrated care board” (“bwrdd gofal integredig”) means a body established under section 14Z25 of the National Health Service Act 2006;

“lay panel” (“panel lleyg”) means the panel of persons appointed under section 91(5);

“legal chair panel” (“panel cadeirydd cyfreithiol”) means the panel of persons appointed under section 91(4) (and “legal chair” (“cadeirydd cyfreithiol”) means a member of the panel);

“local authority” (“awdurdod lleol”) means the council of a county or county borough in Wales, except where specific reference is made to a local authority in England;

“Local Health Board” (“Bwrdd Iechyd Lleol”) means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (c. 42);

“mainstream institution in the further education sector” (“sefydliad prif ffrwd yn y sector addysg bellach”) means an institution in the further education sector that is not specially organised to provide education or training for persons with additional learning needs;

“mainstream maintained school” (“ysgol brif ffrwd a gynhelir”) means a maintained school that is not—a special school, ora pupil referral unit;

“maintained school” (“ysgol a gynhelir”) means—a community, foundation or voluntary school,a community or foundation special school not established in a hospital,a maintained nursery school, ora pupil referral unit;

“NHS England” (“GIG Lloegr”) means the body established under section 1H of the National Health Service Act 2006;

“NHS body” (“corff GIG”) means—a Local Health Board, oran NHS trust;

“NHS foundation trust” (“ymddiriedolaeth sefydledig GIG”) has the meaning given by section 30 of the National Health Service Act 2006;

“NHS trust” (“ymddiriedolaeth GIG”) means a National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006;

“personal education plan (“cyllun addysg personol”) has the meaning given by section 15;

“President” (“Llywydd”) means the President of the Education Tribunal for Wales appointed under section 91;

“proprietor” (“perchennog”), in relation to an institution that is not a school, means the person or body of persons responsible for the management of the institution;

“prescribed” (“rhagnodedig” and “a ragnodir”) means prescribed in regulations;

“pupil referral unit” (“uned cyfeirio disgyblion“) has the meaning given by section 19(2)19A(2) of the Education Act 1996 (c. 56);

“regulations” (“rheoliadau”) means regulations made by the Welsh Ministers;

“relevant youth accommodation” (“llety ieuenctid perthnasol”) has the meaning given by section 39;

“Special Health Authority” (“Awdurdod Iechyd Arbennig”) means a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006 or section 28 of the National Health Service Act 2006;

“training” (“hyfforddiant”) includes—full-time and part-time training;vocational, social, physical and recreational training;

“Tribunal” (“Tribiwnlys”) means the Education Tribunal for Wales (see section 91);

“young person” (“person ifanc”) means a person over compulsory school age, but under 25;

“youth offending team” (“tîm troseddwyr ifanc”) means a team established under section 39 of the Crime and Disorder Act 1998 (c. 37).

(2) In the definition of “maintained school” in subsection (1)—

(a) a community, foundation or voluntary school, and

(b) a community or foundation special school,

have the meaning given by the School Standards and Framework Act 1998 (c. 31).

(3) In this Act—

(a) an institution in the further education sector is in Wales if its activities are carried on wholly or mainly in Wales;

(b) an institution in the further education sector is in England if its activities are carried on wholly or mainly in England.

(4) For the purposes of this Act, a local authority is responsible for a child or young person if he or she is in the area of the authority.

(5) A reference in this Act (however expressed) to a child who is looked after by a local authority has the meaning given by section 15.

(6) The Education Act 1996 (“the 1996 Act”) and the preceding provisions of this Act (except so far as they amend other Acts) are to be interpreted as if those provisions were contained in the 1996 Act.

(7) Where an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of the 1996 Act, that meaning is to apply for the purposes of that provision instead of the one given for the purposes of the 1996 Act.

(8) Regulations may amend the definition of “NHS body” so that it includes a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006.

Coming into force

100

(1) This section and sections 1, 97, 98, 99 and 101 come into force on the day after the day on which this Act receives Royal Assent.

(2) Paragraph 5 of Schedule 1 comes into force at the end of the period of two months beginning with the day on which this Act receives Royal Assent.

(3) The remaining provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.

(4) An order under subsection (3) may—

(a) appoint different days for different purposes or cases;

(b) make transitory, transitional or saving provision in connection with the coming into force of a provision of this Act.

Short title and inclusion as one of the Education Acts

101

(1) The short title of this Act is the Additional Learning Needs and Education Tribunal (Wales) Act 2018.

(2) This Act is to be included in the list of Education Acts set out in section 578 of the Education Act 1996 (c. 56).

SCHEDULE 1

1

In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions), omit the entry for section 322 of the Education Act 1996.

Children Act 1989 (c. 41)

2

(1) The Children Act 1989 is amended as follows.

(2) In section 23E(1A) (pathway plans)—

(a) in paragraph (b), omit “Part 4 of the Education Act 1996 or”;

(b) after paragraph (b), insert—

(ba) Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;

(3) In section 36 (education supervision orders), at the end, insert—

(11) Where, for the purposes of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, a local authority in Wales is responsible for a child or a child is looked after by a local authority in Wales, the reference to special educational needs in subsection (4) is to be interpreted as a reference to additional learning needs (which has the same meaning as in that Act).

Tribunals and Inquiries Act 1992 (c. 53)

3

In Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals to which the Act applies), in Part 1, in the table—

(a) in the first column, for “Special educational” substitute “ Additional learning ”;

(b) in the second column, for paragraph 40B substitute “ 40B The Education Tribunal for Wales ”.

Education Act 1996 (c. 56)

4

(1) The Education Act 1996 is amended as follows.

(2) In section 7 (duty of parents to secure education of children of compulsory school age), in paragraph (b), after “special educational needs” insert “ (in the case of a child who is in the area of a local authority in England) or additional learning needs (in the case of a child who is in the area of a local authority in Wales) ”.

(3) In section 14 (functions in respect of provision of primary and secondary schools)—

(a) in subsection (4B), for “special educational needs” substitute “ additional learning needs ”;

(b) in subsection (6)(b), after “needs” insert “ (in the case of a local authority in England) or the need for securing that additional learning provision is made for pupils who have additional learning needs (in the case of a local authority in Wales) ”.

(4) In section 15A (powers in respect of education and training), in subsection (3), in paragraph (b), for “learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000)” substitute “ additional learning needs ”.

(5) In section 15B (functions in respect of education for persons over 19), in subsection (3), in paragraph (b), for “learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000)” substitute “ additional learning needs ”.

(6) In section 18A (provision of education for persons subject to youth detention), in subsection (2)—

(a) in paragraph (b), at the beginning, insert “ in the case of a local authority in England, ”;

(b) in paragraph (bb), for “any learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000)” substitute “ any additional learning needs ”.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In section 29 (provision of information by local authorities), after subsection (4) insert—

(4A) In subsection (4) as it applies in relation to the Welsh Ministers, the reference to special educational needs is to be interpreted as a reference to additional learning needs.

(9) Chapter 1 of Part 4 (children in Wales with special educational needs) is repealed.

(10) In section 337 (special schools)—

(a) the current provisions become subsection (1);

(b) in subsection (1), after “A school” insert “ in England ”;

(2) A school in Wales is a special school if it is specially organised to make additional learning provision for pupils with additional learning needs and it is maintained by a local authority.

(11) Omit section 348 (provision of special education at non-maintained schools).

(12) In section 349 (variation of trust deeds etc. by order)—

(a) in subsection (1)—

(i) for “appropriate national authority” substitute “ Secretary of State ”;

(ii) for “it” substitute “ the Secretary of State ”;

(b) omit subsection (1A).

(13) In section 436A (duty to make arrangements to identify children not receiving education), in subsection (3), after “any special educational needs he may have” insert “ (in the case of a local authority in England) or suitable to the child's age, ability and aptitude and to any additional learning needs the child may have (in the case of a local authority in Wales) ”.

(14) In section 438 (choice of school: child without plan or statement)—

(a) in subsection (1), for “a statement under section 324” substitute “ a child for whom an individual development plan is maintained in which a particular school is named ”;

(b) in subsection (6), in paragraph (c), for “to any special educational needs he may have” substitute

— (i) (in the case of a local authority in England) any special educational needs the child may have, or (ii) (in the case of a local authority in Wales) any additional learning needs the child may have

;

(c) in the heading, for “or statement of special educational needs” substitute “ , or an individual development plan which names a school ”.

(15) In section 440 (amendment of order at request of parent: child without plan or statement)⁠—

(a) in subsection (1), for “a statement under section 324” substitute “ a child for whom an individual development plan is maintained in which a particular school is named ”;

(b) in subsection (4), in paragraph (b), for “to any special educational needs he may have” substitute

— (i) (in the case of a local authority in England) any special educational needs the child may have, or (ii) (in the case of a local authority in Wales) any additional learning needs the child may have

;

(c) in the heading, for “or statement of special educational needs” substitute “ , or an individual development plan which names a school ”.

(16) In section 441 (choice of school: child with plan or statement)—

(a) in subsection (1)—

(i) after “where a local authority” insert “ in England ”;

(ii) omit “(in the case of a local authority in England) or a statement under section 324 (in the case of a local authority in Wales)”;

(b) in subsection (2), omit “or statement”;

(i) in the opening words, omit “or statement”;

(ii) in paragraph (a), omit “or the statement”;

(d) omit subsection (3A);

(e) in subsection (4)—

(i) in paragraph (a), omit “or a statement under section 324”;

(ii) in paragraph (b), omit “or statement”;

(f) in the heading, omit “or statement of special educational needs”.

(17) After section 441 insert—

(441A) (1) Where a local authority in Wales are required by virtue of section 437(3) to serve a school attendance order in respect of a child for whom an individual development plan is maintained in which a particular school is named, that school must be named in the order. (2) Where— (a) a school attendance order is in force in respect of a child for whom an individual development plan is maintained in which a particular school is named, and (b) the name of the school specified in the plan is changed, the local authority must amend the order accordingly. (3) Where— (a) a school attendance order is in force in respect of a child for whom no individual development plan is maintained in which a particular school is named, and (b) an individual development plan in which a particular school is named begins to be maintained for the child, the local authority must amend the order accordingly.

(18) In section 442 (revocation of order at request of parent)—

(a) in subsection (5)—

(i) in the opening words, omit “or a statement under section 324 (in the case of a local authority in Wales)”;

(ii) in paragraph (a), omit “or the statement”;

(iii) in paragraph (b), omit “or the statement”;

(b) after subsection (5) insert—

(6) Where, in the case of a local authority in Wales, the child in question is one for whom an individual development plan is maintained by the authority or by another local authority— (a) subsections (2) to (4) do not apply if a school or other institution is named in the individual development plan, and (b) in any other case a direction under subsection (4) may require the authority maintaining the individual development plan to make such amendments to the plan as is considered necessary or expedient in consequence of the determination.

(19) In section 458 (charges for board and lodging at boarding schools)—

(a) in subsection (1), after “(5)” insert “ and section 49 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 ”;

(b) at the end, insert—

(6) In its application to a local authority in Wales, references in this section to special educational needs are to be interpreted as references to additional learning needs.

(20) In section 463 (meaning of “independent school”), in subsection (1), in paragraph (b), for “is maintained or for whom a statement is maintained under section 324” substitute “ or an individual development plan is maintained ”.

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Additional Learning Needs and Education Tribunal (Wales) Act 2018

Detention under Part 3 of the Mental Health Act 1983

45

Necessity of plans

Regulations about deciding whether an individual development plan is necessary

46

CHAPTER 3 — SUPPLEMENTARY FUNCTIONS

Functions relating to securing additional learning provision

Duty to take all reasonable steps to secure additional learning provision

47

Duty to admit children to named maintained schools

48

No power to charge for provision secured under this Part

49

Welsh Ministers’ duties to secure post-16 education and training

50

Additional learning provision in particular kinds of school or other institution

Duty to favour education for children at mainstream maintained schools

51

Children with additional learning needs in mainstream maintained schools

52

Additional learning provision otherwise than in schools

53

Amendments to registration requirements for independent schools in Wales

54

Conditions applicable to securing additional learning provision at independent schools

55

List of independent special post-16 institutions

56

Abolition of approval of non-maintained special schools in Wales

57

Abolition of approval of independent schools in Wales

58

Additional learning provision outside England and Wales

59

Additional learning needs co-ordinating officers

Additional learning needs co-ordinator

60

Designated education clinical lead officer

61

Early years additional learning needs lead officer

62

Miscellaneous functions

Duty to keep additional learning provision under review

63

Duty of health bodies to notify parents etc.

64

Duties to provide information and other help

65

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

66

Provision of goods or services in relation to additional learning provision

67

CHAPTER 4 — AVOIDING AND RESOLVING DISAGREEMENTS

Local authority arrangements

Arrangements for the avoidance and resolution of disagreements

68

Independent advocacy services

69

Appeals and applications to the Tribunal

Appeal and application rights

70

Decisions on appeals and applications under section 70

71

Appeal rights: detained persons

72

Decisions on appeals under section 72

73

Regulations about appeals and applications

74

Regulations about procedure

75

NHS Bodies: evidence and Tribunal recommendations

76

Compliance with orders

77

Power to share documents and other information with the Welsh Ministers

78

Offence

79