Education Challenges in Wales

April 12th, 2013 by Panopticon Blog

Joanne Clement wrote and delivered an outline of Education Law challenges in Wales for the PLP Wales Conference (11th April 2013).

This talk looked at the opportunity for public law challenges arising from Welsh education

legislation, focusing on:

(1) Special educational needs and the Special Educational Needs Tribunal for Wales

(2) School exclusions and independent appeal panels

(3) School closures, re-organisations and associated provision for both Welsh and English language schools

To read the paper click here.


Welsh Consultation on SEN

July 5th, 2012 by Holly Stout

The Welsh Government has launched a consultation on reform to the SEN system – Click Here 

The proposed legislative reforms are similar to those proposed for England following the consultation last year Support and aspiration: A new approach to special educational needs and disability (click here  for the latest on that).

The Welsh Government also proposes new legislation that will 

  • give a statutory footing to the concept of additional needs (AN);
  • replace SEN statements with new integrated Individual Development Plans (IDP) for children and young people;
  • replace the framework for the assessment and planning of provision for children and young people with SEN with a simpler more person-centred system;
  • set out how integrated plans will cover those aged 0–25 years who fall within different categories of need;
  • set out the duties to be imposed on relevant bodies (such as local authorities and the NHS);
  • set out the resolution process for any disputes;
  • impose a duty on the Welsh Ministers to issue a code of practice in relation to the new statutory framework for AN; and
  • impose a duty on relevant bodies to collaborate in respect of AN provision.

 Responses to the consultation are invited by 19 October 2012.


Consultation on draft SENT(W) Rules

July 13th, 2011 by Peter Oldham QC

On 6th July, the Welsh Government published draft regulations for the SENT for Wales, with a consultation document, the English language version of which states:-

What are the main issues?

1. These draft Regulations consolidate and overhaul the existing four sets of regulations that apply to SEN appeals and claims of disability discrimination.

2. They set out the procedure to be followed by a person when making a SEN appeal or a claim of disability discrimination in education to the Tribunal. They also set out the procedure governing the proceedings for determining a SEN appeal or a claim of disability discrimination and the procedure relating to compliance with orders of the Tribunal.

3. The Secretary of State for Justice’s consent is required to make provision in the draft Regulations relating to the constitution of the Tribunal, members of the Tribunal panel and compliance with Tribunal Orders. Welsh Ministers are seeking consent.

4. The draft Regulations will give effect to the Education (Wales) Measure 2009 by enabling children in specified pilot areas to make an SEN appeal or claim of disability discrimination to the Tribunal themselves

5. In addition, the opportunity has been taken to improve the structure of the legislation and recast it in more “plain English” terms to improve its user-friendliness.

Peter Oldham QC