Special educational needs law in Wales

Produced in partnership with Christopher McFarland and Adam Mercer of Sinclair Solicitors
Practice notes

Special educational needs law in Wales

Produced in partnership with Christopher McFarland and Adam Mercer of Sinclair Solicitors

Practice notes
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This Practice Note provides a brief overview of the law of special educational needs (SEN) in Wales. For Coverage in relation to SEN in England see Practice Note: Special educational needs in England under the Children and Families Act 2014.

From the 1 September 2021, Additional Learning Needs and Education Tribunal (Wales) Act 2018 (ALNET(W)A 2018) has partially come into force.

Presently, the new legislative system applies to the following Pupils:

  1. children who have newly identified additional learning needs,

  2. children who are detained,

  3. children who are in Nursery Years one or two, or Year one, Year three, Year five, Year seven or Year ten and already receiving additional learning provision via School action or school action plus, and

  4. children who attend a Maintained school or Pupil Referral Unit and are looked after or who are registered at more than one setting

For all other pupils within the existing the special educational needs system under Part IV of the Education Act 1996 (EA 1996), the new legislative

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