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Needs Code February 2017

Draft%20Additional%20Learning%20Needs%20Code%20February%202017

epresentations 138 .

epresentations 138 . These processes ensure that all parties with an interest in the issue are able to feed into the local authority’s decision. 9.3.27 The local authority must then decide whether to take over responsibility for maintaining the plan. 9.3.28 A young person and FEI must be informed of any local authority decision on the issue, and given reasons for it 139 . 9.3.29 Where a local authority decides not to take over responsibility, the young person may appeal this decision to the Education Tribunal 140 . 9.3.30 Where the local authority decides to take over responsibility, from the date of receiving notification the FEI is no longer required to maintain the plan. When the local authority decides to take over responsibility, the FEI should provide all necessary information to the local authority. 9.3.31 A local authority is not required to decide whether to take over responsibility for an IDP currently maintained by a FEI in Wales, where: the local authority has previously decided not to take over the person’s plan and is satisfied that the young person’s needs have not changed materially since that previous decision and there is no new information that would materially affect that decision; or, the person has become a detained person. 141 FEIs - duties related to securing ALP 9.3.32 A FEI or local authority which maintains an IDP must secure the ALP described within it. 142 9.3.33 If the IDP is maintained by a local authority, the FEI in Wales attended by the young person must, in exercising its functions, take all reasonable steps to help the local authority to secure the ALP specified in it. 143 9.3.34 However, where a young person has ALN, but does not have an IDP, the FEI must, in exercising its functions in relation to the FEI take all reasonable steps to secure that the ALP called for by the young person’s ALN is made. 144 138 Section 26(5) of the Act. 139 Section 26(7) of the Act. 140 Section 63(2)(i) of the Act. 141 Section 27 of the Act. If the person has become a detained person, the local authority, if it is home authority, has a duty to keep the IDP: section 39 of the Act. 142 Sections 10(6) and 12(10) of the Act respectively. 143 Section 41(3) and (4) of the Act. 144 Section 41(1) and (2) of the Act Page | 92

9.3.35 This might occur, for instance, when a FEI has requested a local authority to come to its own decision under section 11 and the IDP is still being prepared by the local authority, or where the young person is resident in England and, following a request from the FEI, the English local authority doing an EHC needs assessment, or is preparing an EHC plan. 145 9.3.36 This helps to ensure that the young person’s needs are still met even though they do not have an IDP at this time. 145 Where this is occurring, the duty on the FEI to prepare an IDP does not apply: section 10(2)(c) of the Act. Page | 93

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