The Education (Information About Individual Pupils and Children in Alternative Provision) (Miscellaneous Amendments) (Wales) Regulations 2026

• Citation: S.I. 2026/50 (W.)
• Sections: 3

Section 1 Title and coming into force

(1) The title of these Regulations is the Education (Information About Individual Pupils and Children in Alternative Provision) (Miscellaneous Amendments) (Wales) Regulations 2026.

(2) These Regulations come into force on 24 March 2026.

Section 2 Amendments to the Education (Information About Individual Pupils) (Wales) Regulations 2007

(1) The Education (Information About Individual Pupils) (Wales) Regulations 2007 are amended as follows.

(2) In regulation 3—

(a) in the appropriate place insert—

“ the 2014 Act ” (“ Deddf 2014 ”) means the Children and Families Act 2014 ;

“ EHC plan ” (“ cynllun AIG ”) means a plan within section 37(2) of the 2014 Act ;

(b) in the definition of “special educational needs” , for “has the meaning given to it by section 312 of the 1996 Act” substitute “has the meaning given by section 20 of the 2014 Act” .

(3) In Schedule 2, in Part 1—

(a) omit paragraph 9;

(b) for paragraph 9A(b) (and the “and” after it) substitute—

(b) whether the pupil has an individual development plan maintained under Part 2 of the 2018 Act and if so—

(i) whether it is maintained by the school’s governing body or the local authority; and

(ii) the date of the last review; and

(c) after paragraph 9A insert—

9B (1) For a pupil in relation to whom Part 2 of the 2018 Act applies, whether, since the last request for information was made—

(a) the governing body has made a decision about whether the pupil has additional learning needs under section 11 of the 2018 Act and, if so, confirmation of—

(i) the date it was brought to the attention of, or otherwise appeared to, the governing body that the pupil may have additional learning needs;

(ii) the decision made; and

(iii) the date of the decision;

(b) a local authority has made a decision about whether the pupil has additional learning needs under section 13, 18 or 26 of the 2018 Act and, if so, confirmation of—

(i) the date—

(aa) in the case of a decision made under section 13 or 18, it was brought to the attention of, or otherwise appeared to, the local authority that the pupil may have additional learning needs; or

(ab) in the case of a decision made under section 26, a request was received by the local authority to reconsider a decision made by a governing body;

(ii) the decision made; and

(iii) the date of the decision.

(2) The information in sub-paragraph (1)(b) must only be provided by the governing body if it is within its knowledge.

9C For a pupil in relation to whom Part 3 of the 2014 Act applies, whether the pupil has an EHC plan and, if so, confirmation of—

(a) all of the pupil’s special educational needs identified; and

(b) the support being provided.

Section 3 Amendments to the Education (Information About Children in Alternative Provision) (Wales) Regulations 2009

(1) The Education (Information About Children in Alternative Provision) (Wales) Regulations 2009 are amended as follows.

(2) In regulation 2—

(a) in the appropriate place insert—

“ the 2014 Act ” (“ Deddf 2014 ”) means the Children and Families Act 2014;

“ EHC plan ” (“ cynllun AIG ”) means a plan within section 37(2) of the 2014 Act;

(b) in the definition of “special educational needs” for “has the meaning given to it by section 312 of the 1996 Act” substitute “has the meaning given by section 20 of the 2014 Act” .

(3) In Schedule 1—

(a) omit paragraph 4;

(b) in paragraph 4A—

(i) at the end of sub-paragraph (a), omit “and” ;

(ii) for sub-paragraph (b) substitute—

(b) whether the child has an individual development plan maintained under Part 2 of the 2018 Act and if so—

(i) whether it is maintained by the governing body of a school or the relevant local authority; and

(ii) the date of the last review; and

(iii) after sub-paragraph (b) insert—

(c) the support being provided.

(c) after paragraph 4A insert—

4B

(1) For a child in relation to whom Part 2 of the 2018 Act applies, whether, since the last request for information was made—

(a) a governing body has made a decision about whether the child has additional learning needs under section 11 of the 2018 Act and, if so, confirmation of—

(i) the date it was brought to the attention of, or otherwise appeared to, the governing body that the child may have additional learning needs;

(ii) the decision made; and

(iii) the date of the decision;

(b) a local authority in Wales has made a decision about whether the child has additional learning needs under section 13, 18 or 26 of the 2018 Act and, if so, confirmation of—

(i) the date—

(aa) in the case of a decision made under section 13 or 18, it was brought to the attention of, or otherwise appeared to, the local authority that the child may have additional learning needs; or

(ab) in the case of a decision made under section 26, a request was received by the local authority to reconsider a decision made by a governing body of a school;

(ii) the decision made; and

(iii) the date of the decision.

(2) The information in sub-paragraph (1)(a) and (b) must only be provided by the person who provides funded provision if it is within the person’s knowledge.

4C For a pupil in relation to whom Part 3 of the 2014 Act applies, whether the child has an EHC plan and, if so, confirmation of—

(a) all of the child’s special educational needs identified; and

(b) the support being provided.