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:
- The Education (Wales) Measure 2009 (Commencement No.3 and Transitional Provisions) Order 2012
- The Education (Wales) Measure 2009 (Commencement No.2) Order 2011
- The Education (Wales) Measure 2009 (Commencement No.1) Order 2011
Subordinate legislation made under the Measure:
| Title | Citation number | Made date | Coming into force date | Supporting documents |
| The Education (Wales) Measure 2009 (Pilot) (Revocation) Regulations 2014 | 2014 No. 3267 (W. 334) | 11 December 2014 | 5 January 2015 | Explanatory Memorandum |
| The Education (Wales) Measure 2009 (Pilot) Regulations 2012 | 2012 No. 321 (W. 52) | 8 February 2012 | 6 March 2012 | Explanatory Memorandum |
| The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 | 2011 No. 1651 (W. 187) | 5 July 2011 | 6 July 2011 | Explanatory 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.