Additional Learning Needs and Education Tribunal (Wales) Act 2018

The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (the Act) makes provision for a new statutory framework for supporting children and young people with additional learning needs. This replaced the previous legislation surrounding special educational needs and the assessment of children and young people with learning difficulties and/or disabilities in post-16 education and training.

A new statutory plan, called an ‘individual development plan’ is introduced to replace the previous statutory and non-statutory education plans for children and young people who come under the Act. Children and young people, and their parents, are given a right of appeal in connection with this new statutory plan to the newly named Education Tribunal for Wales (which replaced the previous Special Educational Needs Tribunal for Wales).

Alongside the Act there is a code of practice on additional learning needs, which contains further requirements for bodies and guidance on how they are to exercise their functions, including how assessments and decisions about provision are to be conducted. 

The Act also makes specific provision for particular categories of children, such as looked after children and children or young people who are detained, and details how persons enrolled as students at a further education institution and pupils and students who are in the area of a local authority in England but registered at a maintained school in Wales or enrolled as students at a further education institution in Wales, are to be treated.

There are also provisions relating to the requirement to notify or inform a child of a matter or to give a copy of a document to a child, and the treatment of children who lack capacity.

The Senedd produced an Act summary, which provides a further useful overview:

• Additional Learning Needs and Education Tribunal (Wales) Act 2018 – Act Summary on senedd.wales

and the Explanatory Notes to the Act provide detailed commentary on the various provisions:

• Additional Learning Needs and Education Tribunal (Wales) Act 2018: Explanatory Notes on legislation.gov.uk

Read the full Act:

• Additional Learning Needs and Education Tribunal (Wales) Act 2018 on legislation.gov.uk

Sections 1, 97, 98, 99, 100 and 101 came into force on 25 January 2018, which was the day after the Act received Royal Assent, in accordance with section 100(1):

• Additional Learning Needs and Education Tribunal (Wales) Act 2018, section 100 on legislation.gov.uk

Paragraph 5 of Schedule 1 came into force at the end of the period of two months beginning with the day on which the Act received Royal Assent, in accordance with section 100(2). The remaining provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument, in accordance with section 100(3). The following orders have been made:

• The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 1) Order 2020 on legislation.gov.uk
• The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 2) Order 2021 on legislation.gov.uk
• The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 3 and Transitional and Saving Provisions) Order 2021 (revoked) on legislation.gov.uk
• The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 4 and Transitional and Saving Provisions) Order 2021 (revoked) on legislation.gov.uk
• The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 3 and No. 4 and Transitional and Saving Provisions) (Amendment) Order 2021 (revoked) on legislation.gov.uk
• The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Amendments to Commencement Orders No. 2, No. 3 and No. 4) Order 2021(on legislation.gov.uk
• The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Amendment of Commencement Order No. 2 and Revocation of Commencement Order No. 3 and Commencement Order No. 4) Order 2021 on legislation.gov.uk
• The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 5 and Transitional and Saving Provisions) Order 2021 on legislation.gov.uk
• The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 6 and Transitional and Saving Provisions) Order 2021 on legislation.gov.uk
• The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 7) Order 2021 on legislation.gov.uk
• The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Amendment of Commencement Order No. 5 and Commencement Order No. 6) Order 2021 on legislation.gov.uk
• The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Amendment of Commencement Order No. 5 and Commencement Order No. 6) Order 2022 on legislation.gov.uk
• The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 8 and Transitional and Saving Provisions) Order 2022 on legislation.gov.uk
• The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 9 and Transitional and Saving Provisions) Order 2022 on legislation.gov.uk
• The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 10) Order 2022 on legislation.gov.uk
• The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 11) Order 2022 on legislation.gov.uk
• The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 12) Order 2022 on legislation.gov.uk
• The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 13 and Transitional and Saving Provisions) Order 2022 on legislation.gov.uk
• The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 14 and Transitional and Saving Provisions) Order 2022 on legislation.gov.uk
• The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 15) Order 2022 on legislation.gov.uk
• The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Amendment of Commencement Orders No. 5, No. 6, No. 8, No. 13 and No. 14) Order 2023 on legislation.gov.uk

The Bill was introduced on 12 December 2016 by Alun Davies MS, who was Minister for Lifelong Learning and Welsh Language at the time:

More information about the Bill and its passage through Senedd on senedd.wales.

The Explanatory Memorandum that was prepared by the Welsh Government (as amended at Stage 3).

• Additional Learning Needs and Education Tribunal (Wales) Act 2018: Explanatory Memorandum on senedd.wales

The Act received Royal Assent on 24 January 2018.