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Needs Code February 2017

Draft%20Additional%20Learning%20Needs%20Code%20February%202017

APPEALING A DECISION TO

APPEALING A DECISION TO THE EDUCATION TRIBUNAL FOR WALES Where the child, child’s parents, young person or case friend on behalf of the child wishes to make an appeal to the Education Tribunal, the process is outlined below: Is the appeal about a decision of an FEI or local authority in Wales (including decisions around detained persons)? NO No appeal can be made. YES Is the appeal about one of the matters specified in section 63 of the Act (or section 65 in the case of detained persons)? NO No appeal can be made. YES Is the appeal within statutory timescales? YES NO No appeal can be made, other than at the discretion of the Tribunal. THE APPEAL PROCESS Lodge an appeal with the Tribunal Tribunal will hear the case Tribunal will notify the parties of their decision If the Education Tribunal makes an order the governing body of the FEI or the local authority concerned must comply. * Please note that English resident children attending school in Wales have slightly varied appeal rights * Page | 186

Chapter 20: Children and Young People in Specific Circumstances Summary 20.1 This Chapter deals with children and young people in particular circumstances. 20.2 These groups are: looked after children; other children and young people with care and support plans; those children and young people who are dual-registered; those receiving education otherwise than at school (EOTAS); children and young people with ALN receiving elective home education; children of service personnel; and children and young people in the youth justice system. Looked after children 20.3 [Further guidance on the integrated planning of educational provision for looked after children will be included in later versions of this Code. This is likely to be developed alongside new guidance for potential inclusion in the relevant Code made under the Social Services and Well-being Act (Wales) 2014]. 20.4 The Act has specific duties and provisions applying to looked after children. A child is looked after for the purposes of the Act if: he or she is looked after by a local authority (in Wales) for the purposes of Part 6 of the Social Services and Well-being (Wales) Act 2014 (this covers children in care and children being accommodated by a local authority in the exercise of particular social services functions 276 ); is not detained; and is not within a category of looked after children prescribed in regulations. 277 20.5 The specific provisions in the Act for looked after children only apply in respect of “children” as defined in the Act i.e. those not over compulsory school age. They do not apply to young people who are still looked after by a local authority in Wales – although the general provisions of Act apply in those cases. 20.6 The main difference in the Act as between looked after children and other children and young persons is that the duties to decide whether the 276 See section 74 of the Social Services and Well-being (Wales) Act 2014. 277 Section 13(1) and (2) of the Act. Page | 187

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