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Needs Code February 2017

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

13.29 When deciding

13.29 When deciding whether a young person requires a placement at an independent special post-16 placement, the local authority should work with FEIs and schools. 13.30 Independent special post-16 institutions are institutions which provide education or training for persons over compulsory school age, and which are specially organised to provide education and/or training for individuals with ALN. 194 13.31 The following are not independent special post-16 institutions: an institution in the FE sector ; an independent school entered on the registered of independent schools in Wales; an independent educational institution entered on the register of independent educational institutions in England; or a 16-19 Academy. 13.32 Local authorities must not secure education or training for a young person at an independent special post-16 institution in Wales or England unless it is entered on the list of such institutions published by the Welsh Ministers 195 . 13.33 Where a local authority decides that a placement at an independent post-16 institution is appropriate, the placement details will then form part of the ALP described in the IDP. The local authority must secure the ALP described in the IDP, along with any related board and lodging 196 (if needed) and must not charge the individual or parents for it 197 . Such placements may particularly benefit those young people with more severe and complex needs.13.34 In order for local authorities to decide whether a place at an independent special post-16 institution is necessary, they will need to understand the specialist provision required to meet the needs of the young person. Where the young person’s needs cannot be met at a mainstream FEI, then a place at an independent special post-16 institution should be considered. 13.35 The local authority will need to consider the suitability and sustainability of a funded placement at an independent special post-16 institution over the duration of the programme of study, prior to its commencement. Consideration should be given to the benefits of the programme of study to the young person from an educational perspective. Once a programme of learning has commenced, the local authority should continue to fund the placement for the duration of the programme. Failure to do so can lead to wasted resources and distress and confusion for the young person. 194 Section 50(6) of the Act defines an ‘independent special post-16 institution’ 195 Section 50(3) of the Act. 196 Section 12(6) of the Act. 197 Section 43 of the Act. Page | 134

13.36 In many instances, placements at independent special post-16 institutions will be residential. In these cases, the requirements and guidance set out on residential placements below will apply. 13.37 When considering whether a place at an independent special post-16 institution is suitable, the local authority should consider: whether evidence demonstrates that the ALP necessary to meet the young person’s ALN is only available in an independent special post-16 institution; whether evidence demonstrates that an essential element of the young person’s education and training can only be provided in a residential setting; whether the young person requires an educational stetting with an extended curriculum which cannot be provided in a non-residential setting; whether the young person has medical and/or social care needs that cannot be met by, or in conjunction with, local providers in a mainstream education setting and which would prevent him/her from accessing education or training suitable to meet his/her identified needs; whether the educational or training outcomes previously or currently specified in the young person’s IDP have been achieved, and whether remaining in education or training would enable the young person to progress and achieve those outcomes; whether the young person requires additional time, in comparison to the majority of others of the same age who do not have ALN, to complete his or her education and training; whether securing the provision would be compatible with the avoidance of unreasonable public expenditure. Residential Placements 13.38 The needs of some children and young people are such that they might require a residential placement at a school or other institution. A decision that this is appropriate will involve consideration of all of the circumstances, and, bearing in mind that it may require the child or young person to be resident away from their family, the duty to involve and support children, their parents and young people explained at Chapter 3 will have particular importance. 13.39 Where the local authority is satisfied that, having considered all relevant circumstances of the particular case, the reasonable needs of a child or young Page | 135

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