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Needs Code February 2017

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

10.39 Where the local

10.39 Where the local authority is not going to use their power under section 12(2)(b)(ii) the local authority has a maximum of 10 weeks (50 days) from when the school notified the local authority to: Decide that the child or young person has ALN, prepare an IDP and give a copy of the IDP to the child, child’s parent or young person; Decide that the child or young person has ALN, prepare an IDP, give a copy of the IDP to the child, child’s parent or young person and direct the school to maintain the IDP (although this direction can also take place at a later point); or Decide that the child or young person does not have ALN and send a notification of that decision. Young person attending a FEI (and FEI refers the matter to the local authority) 10.40 Where it is brought to the attention of, or otherwise appears to, the FEI that the young person has, or may have, ALN and are required to decide the matter, the following timescales apply. 10.41 Where the FEI decides that the person has ALN, but that it cannot adequately determine the extent or nature of the ALN or the ALP, or that the ALP called for may not be reasonable for it to secure, it can refer the matter to the responsible local authority. This must be done within a maximum of 2 weeks (10 days). 10.42 Once the local authority has been notified by the FEI, the local authority has a maximum of 2 weeks (10 days) to acknowledge the request. 10.43 The local authority has a maximum of 10 weeks (50 days) from where the FEI notified the local authority to: Decide that the young person has ALN, prepare an IDP and give a copy of the IDP to the young person; or; Decide that the young person does not have ALN and notify them of that decision. Local authority is required to decide if, or reconsider whether or not, a child or young person has ALN (except where the child is under compulsory school age). 10.44 Where it is brought to the attention of, or otherwise appears to, the local authority that the child or young person has, or may have, ALN, or they are asked to reconsider a decision made by a school. They are required to determine the matter and the following timescales apply. Page | 100

10.45 The local authority has a maximum of 10 weeks (50 days) to: Decide that the child or young person has ALN, prepare an IDP and give a copy of the IDP to the child, child’s parent or young person; Decide that the child or young person has ALN, prepare an IDP, give a copy of the IDP to the child, child’s parent or young person and direct the school to maintain the IDP (although this direction can also take place at a later point); or Decide that the child or young person does not have ALN and send a notification of that decision. 10.46 Where the child is attending a maintained school in Wales, a local authority is able to direct the school to prepare an IDP. The local authority must do this within a maximum of 2 weeks (10 days) of it coming to their attention (see above). Local authority is required to determine if a child under compulsory school age, who is not a registered pupil at a maintained school, has ALN. 10.47 Where it is brought to the attention of, or otherwise appears to, the local authority that a child under compulsory school age, who is not a registered pupil at a maintained school, has, or may have, ALN and it is required to decide the matter, the following timescales apply. 10.48 A local authority would become aware of the possibility of a child under compulsory school age having ALN from a number of routes, for example a referral from a health professional, social worker or parent. The local authority has a maximum of 1 week to acknowledge the referral. This should be done in writing. 10.49 The local authority then has a maximum of 7 weeks to: Decide that the child has ALN, prepare an IDP and give a copy of the IDP to the child’s parent (or any case friend, if the child has one); or Decide that the child does not have ALN and send a notification of that decision. Outstanding reports 10.50 At the end of the time frame there may be some outstanding reports where these have been requested. This must not stop the school, FEI or local authority, in the prescribed timescales above, from determining if the child or young person has ALN and preparing and issuing the IDP where it has been determined that the child or young person has ALN. Page | 101

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