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Needs Code February 2017

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

people will still need

people will still need to be provided with appropriate support. The young person should be informed that they can change their minds. Timescales Timescales for preparing an IDP 10.28 [The timescales set out within this Chapter have been developed with the input of stakeholders. They are, however, subject to ongoing discussions and not fixed at this stage.] 10.29 This Chapter imposes requirements as to the timescales for determining if the child or young person has ALN and depending on that determination either giving a copy of the IDP to the child, child’s parent or young person or determining that the child or young person does not have ALN and sending out a notification of that decision. 10.30 It is important to remember that these are the maximum timescales and in many cases an IDP can be prepared and issued before the required deadlines. The IDP should be prepared and given to the child, child’s parent or young person as soon as it is finished. 149 Although the timescales are expected to be sufficient to enable all the necessary preparation meetings and evidence gathering activities to be undertaken and completed, there may be occasions when this is not the case. In such instances, the IDP must still be finalised by the required deadline on the basis of the information which is available at that time. If further information becomes available, the IDP may be reviewed and revised in line with Chapter 14. 10.31 In the context of a young person, an IDP cannot be prepared until their consent has been sought and obtained allowing a decision to be made about whether they have ALN 150 . 10.32 The timescales vary depending on the circumstances of the child or young person. The following circumstances are set out below: Child or young person attending a school or FEI (no referral to the local authority). Child or young person attending a school (and school refers the matter to the local authority). Young person attending an FEI (and FEI refers the matter to the local authority). Local authority is required to determine if a child or young person has ALN (except where the child is under compulsory school age). 149 Section 20(1) of the Act requires the governing body or local authority that prepares an IDP to give a copy of it to the child or young person concerned, and if it is for a child, to the child’s parent. If the IDP is for a looked after child, the local authority must also give a copy of it to the child’s independent reviewing officer (section 20(3)). 150 Section 11 of the Act. Page | 98

Local authority is required to determine if a child under compulsory school age has ALN. Child or young person attending a school or FEI (no referral to the local authority) 10.33 Where weeks and days are referred to within this section, it is generally meant to refer to periods of term time, excluding weekends. 10.34 Where it is brought to the attention of, or otherwise appears to, a maintained school or an FEI that the child or young person (providing in the case of a young person that they consent) has, or may have, ALN (and none of the exceptions outlined in Chapter 7.2 or Chapter 7.3 apply), the body has a maximum of 7 weeks (35 days) from that point to: Decide whether the person has ALN, prepare an IDP and provide a copy of the IDP to the child, child’s parent or young person; or Decide that the child or young person does not have ALN and give a notification of that decision. or, two weeks (10 days) to decide that the person does have ALN and to refer the matter to the local authority under section 10(2)(a) (see Chapter 9.2 and Chapter 9.3. Child or young person attending a maintained school (and school refers the matter to the local authority) 10.35 Where it is brought to the attention of, or otherwise appears to, a maintained school that the child or young person has, or may have ALN, and are required to determine the matter, the following timescales apply. 10.36 Where the school had formed the view that the person has ALN but considers that it cannot adequately determine the extent or nature of the ALN or the ALP or that it would not be reasonable for it to secure the ALP that may be called for it can refer the case to the local authority. Any such referral must take place within a maximum of 2 weeks (10 days). 10.37 Once the local authority has been notified by the school, the local authority has a maximum of 2 weeks (10 days) to acknowledge the request, this acknowledgment must also inform the school whether they are going to use their power under section 12(2)(b)(ii) to direct the school to prepare and maintain the plan. 10.38 Where the local authority has decided to use their power under section 12(2)(b)(ii), the school has a maximum of 5 weeks (25 days) from this notification to prepare an IDP and provide a copy of the IDP to the child, child’s parent or young person. Page | 99

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