Q:

12.32 Does the LA have to comply with an ETW decision?

Nodi No-nonsense Guide Wales

Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
01 Nov 2024

A: SenseCheck

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  • 01 Nov 2024
  • Yes

    Complex

    Yes. Regulation 58 of the EdTW Regs 2021sets out the time limits that apply:

    • against a local authority to prepare an individual development plan, it must prepare and give a copy of the individual development plan to the child, child’s parent or young person within 7 weeks;
    • against a FEI governing body to prepare an individual development plan, it must prepare and give a copy of the individual development plan to the young person within 35 term time days;
    • against a local authority to revise an individual development plan, it must revise the individual development plan and give a copy of it to the child, child’s parent or young person within 7 weeks;
    • against an FEI governing body to revise an individual development plan, it must revise the individual development plan and give a copy of it to the young person within 35 term time days;
    • to continue to maintain an individual development plan (with or without revisions), with immediate effect;
    • against a local authority to take over responsibility for maintaining an individual development plan, beginning with the date specified by the tribunal;
    • against a local authority to review an individual development plan, it must undertake the review and notify the child, child’s parent or young person of the outcome of the review, in writing, within 7 weeks;
    • against an FEI governing body to review an individual development plan, it must undertake the review and inform the young person of the outcome of the review, in writing within 35 term time days;
    • to remit the case to the local 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 a different action to be taken, the local authority must do so, and notify the child, child’s parent or young person of the outcome of that reconsideration within 7 weeks;
    • to remit the FEI governing body 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 a different action to be taken, the FEI governing body must do so, and notify the child, child’s parent or young person of the outcome of that reconsideration within 35 term days.

     

    Nodi glossary:  Education Tribunal Wales

    Nodi No-nonsense Guide Wales

    Nodi No-nonsense Guide Wales
    Authors: Civitas Law education team