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

Made: 23 February 2026

Coming into force: 24 March 2026

The Welsh Ministers in exercise of the powers conferred on the Secretary of State by sections 537A(1), 537B(1), and 569(4) and (5) of the Education Act 1996[^f00001] and now vested in them[^f00002] make the following Regulations.

Title and coming into force

1

• (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.

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

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• (1) The Education (Information About Individual Pupils) (Wales) Regulations 2007[^f00003] 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[^f00004];

• “EHC plan” (“cynllun AIG”) means a plan within section 37(2) of the 2014 Act[^f00005];

• (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. 9CFor 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.

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

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• (1) The Education (Information About Children in Alternative Provision) (Wales) Regulations 2009[^f00006] 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. 4CFor 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.

Signed

Lynne Neagle — Cabinet Secretary for Education, one of the Welsh Ministers — 23 February 2026

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend—

Section 537A(1) of the Education Act 1996 provides the Welsh Ministers with the power to make regulations requiring governing bodies of schools to provide information about individual pupils to the Welsh Ministers or any person prescribed in regulations.

The 2007 Regulations require the governing body of any maintained school, on receiving a written request from the local authority by which the school is maintained, to supply, within fourteen days, such of the information as is requested by the authority in respect of pupils at the school. Schedule 2 prescribes the information that may be requested by the local authority. Paragraph 9A of Schedule 2 prescribes the additional learning needs information which may be requested.

Regulation 2 of these Regulations inserts definitions for the Children and Families Act 2014, and education, health and care plan (“EHC plan”) into regulation 3 of the 2007 Regulations. It removes paragraph 9 of Schedule 2 to the 2007 Regulations. It also inserts new provisions into paragraph 9A of Schedule 2 to allow the local authority to request data about the review of a pupil’s individual development plan. Regulation 2 of these Regulations also inserts a new paragraph 9B to allow the local authority to request data in relation to pupils who have received an additional learning needs decision from a governing body of a school or local authority. Lastly, regulation 2 inserts a new paragraph 9C to allow the local authority to request data about pupils who have an EHC plan maintained under Part 3 of the Children and Families Act 2014.

Section 537B(1) of the Education Act 1996 provides the Welsh Ministers with the power to make regulations requiring a person who provides funded education to provide information about individual children to the Welsh Ministers or any person prescribed in regulations.

The 2009 Regulations make provision about the supply of information about children receiving education which is funded by a local authority outside mainstream schools, referred to as ‘alternative provision’. Alternative provision includes education other than at school, education at an independent school or education at a pupil referral unit. Under regulations 4 and 5 of those Regulations, the providers of such education must, when requested, supply information about individual children to the Welsh Ministers and the local authority which is funding the education. Schedule 1 sets out the items of individual information that may be requested. Paragraph 4A of Schedule 1 prescribes the additional learning needs information which may be requested.

Regulation 3 of these Regulations inserts definitions for the Children and Families Act 2014, and education, health and care plan (“EHC plan”) into regulation 2 of the 2009 Regulations. It removes paragraph 4 of Schedule 1 to the 2009 Regulations. It also amends paragraph 4A of Schedule 1 to allow the Welsh Ministers and local authority to request data about the review of a child’s individual development plan. Regulation 3 also inserts a new paragraph 4B to allow for the collection of data in relation to pupils who have received an additional learning needs decision from a governing body of a school or local authority, and new paragraph 4C to allow the collection of data about children who have an EHC plan maintained under Part 3 of the Children and Families Act 2014.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

Footnotes

[^f00001]: 1996 c. 56. Section 537A was inserted by section 20 of the Education Act 1997 (c. 44) and was substituted by the School Standards and Framework Act 1998 (c. 31), Schedule 30, paragraph 153, and subsection (1)(a)(i) was further amended by S.I. 2010/1158, Schedule 2, paragraph 7(2). Section 537B was inserted by section 164 of the Education and Inspections Act 2006 (c. 40); subsection (9) was further amended by S.I. 2010/1158, Schedule 2, paragraph 7(2) and S.I. 2022/744 (W. 161), Schedule 2, paragraph 2(9). Section 569(4) was amended by the Education (Wales) Measure 2009 (nawm 5), section 8(5). For the meaning of “prescribed” and “regulations”, see section 579(1) of the Education Act 1996.

[^f00002]: The functions of the Secretary of State under these sections were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and then to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

[^f00003]: S.I. 2007/3562 (W. 312); relevant amending instruments are S.I. 2010/1142 (W. 101), S.I. 2016/837 (W. 211) and S.I. 2021/1457 (W. 373).

[^f00004]: 2014 c. 6.

[^f00005]: Section 37(2) was amended by S.I. 2015/914, Schedule 1, paragraph 97.

[^f00006]: S.I. 2009/3355 (W. 294), amended by S.I. 2021/1457 (W. 373); there are other amending instruments but none is relevant to these Regulations.