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Education (Wales) Measure 2009

The Education (Wales) Measure 2009 (the Measure) provides children with rights to make special educational needs (SEN) appeals and claims of disability discrimination to the SEN Tribunal for Wales. By doing so, the Measure gives practical expression to the UN Convention of the Rights of the Child and the associated Core Aims of the Welsh Government.

The Measure aims to provide an additional safeguard to ensure that the needs of disabled children and young people and those with SEN can be met, by reducing the prospect that their needs might not be fully addressed where their parents do not themselves pursue an appeal or claim. It also gives children with SEN (including looked after children) an independent right to appeal decisions made about their education support needs.
Associated provision is also made for the following in schools:

  • advice and information services;
  • alternative arrangements for dispute resolution;
  • independent advocacy services;
  • piloting the provisions of Part 1 of the Measure;
  • the curriculum.

The Explanatory Notes to the Measure provide detailed commentary on the various provisions.

Coming into force

Sections 24 to 27 came into force at the end of the two-month period following Royal Approval (in other words 9 February 2010), in accordance with section 26(1).

Paragraphs 10 to 12 of the Schedule came into force on 9 December 2009, which is the day the Measure received Royal Approval, in accordance with section 26(2).

The remaining provisions of this Measure come into force in accordance with provision made by the Welsh Ministers by order, in accordance with section 26(3).

The following Orders have been made:

Subordinate legislation made under the Measure:

TitleCitation numberMade dateComing into force dateSupporting documents
The Education (Wales) Measure 2009 (Pilot) (Revocation) Regulations 20142014 No. 3267 (W. 334)11 December 20145 January 2015Explanatory Memorandum
The Education (Wales) Measure 2009 (Pilot) Regulations 20122012 No. 321 (W. 52)8 February 20126 March 2012Explanatory Memorandum
The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 20112011 No. 1651 (W. 187)5 July 20116 July 2011Explanatory Memorandum

Consideration of the legislation by the Senedd

The Measure was introduced on 27 April 2009 by Jane Hutt MS, who was the Minister for Children, Education, Lifelong Learning and Skills at the time. The Measure was passed by Senedd Cymru (known then as the National Assembly for Wales) on 3 November 2009.

More information about the Measure is available on the Senedd website including a record of the passage of the Measure through the Senedd and the Explanatory Memorandum which was prepared by the Welsh Government (as revised after Stage 2). 

The Measure received Royal Approval on 9 December 2009.

Published on
Last updated
03 May 2024