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Needs Code February 2017

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

20.80 In some instances

20.80 In some instances a Welsh-resident child or young person will be detained in relevant youth accommodation in England and English-resident child or young person detained in Wales. 20.81 Where a Welsh-resident child or young person is detained in youth custody in England, the home Welsh local authority may have to prepare and keep an IDP, or keep an existing IDP in accordance with sections 37–39 of the Act. Where it does so, it should work closely with the YOT, the person in charge of relevant youth accommodation and the education provider. Appeal to the Education Tribunal for Wales 20.82 A detained person, or the parent of a detained person who is a child, may appeal to the Tribunal against the following matters 328 : a decision of the home authority as to whether a detained person has ALN; a decision of the home authority as to whether it will be necessary to maintain an IDP for a detained person when they are released from detention; the description of a person’s ALP in an IDP; the ALP in an IDP, or the fact that ALP is not included in the plan (this will be the ALP applicable on release from detention); the school named in an IDP for the purpose of securing admission to the school (which would be admission on release from detention); or if no school is named in an IDP for that purpose. 20.83 On appeal, the Tribunal may 329 : dismiss the appeal; order that a person has or does not have ALN of a kind specified in the order; order the home authority to prepare an IDP; order the home authority to revise an IDP as specified in the order; or 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 20.84 Please refer to Chapter 19 for further guidance on appeals to the Education Tribunal for Wales. 328 Section 65 of the Act 329 Section 66 of the Act Page | 200

Annex A – Glossary In this glossary “the Act” refers to the Additional Learning Needs and Education Tribunal (Wales) Act 2017 “additional learning needs” (“anghenion dysgu ychwanegol”) has the meaning given by section 2 of the Act, i.e.: (1) A person has additional learning needs if he or she has a learning difficulty or disability which calls for additional learning provision. (2) A child of compulsory school age or person over that age has a learning difficulty or disability if he or she— (a) has a significantly greater difficulty in learning than the majority of others of the same age, or (b) has a disability for the purposes of the Equality Act 2010 (c. 15) which prevents or hinders him or her from making use of facilities for education or training of a kind generally provided for others of the same age in mainstream maintained schools or mainstream institutions in the further education sector. (3) A child under compulsory school age has a learning difficulty or disability if he or she is, or would be if no additional learning provision were made, likely to be within subsection (2) when of compulsory school age. (4) A person does not have a learning difficulty or disability solely because the language (or form of language) in which he or she is or will be taught is different from a language (or form of language) which is or has been used at home. “additional learning provision” (“darpariaeth ddysgu ychwanegol”) has the meaning given by section 3 of the Act, i.e. : (1) “Additional learning provision” for a person aged three or over means educational or training provision that is additional to, or different from, that made generally for others of the same age in— (a) mainstream maintained schools in Wales, (b) mainstream institutions in the further education sector in Wales, or (c) places in Wales at which nursery education is provided. (2) “Additional learning provision” for a child aged under three means educational provision of any kind. (3) In subsection (1), “nursery education” means education suitable for a child who has attained the age of three but is under compulsory school age. “beginning of detention” (“dechrau’r cyfnod o gadw person yn gaeth”) has the Page | 201

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