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Needs Code February 2017

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

Timescales for when a

Timescales for when a child, child’s parent or young person requests a review 14.44 Where a child, the child’s parent or young person requests that the school/FEI or local authority reviews the IDP, the school, FEI or local authority must review the IDP unless it considers it unnecessary. 219 Or if the child is a looked after child, the local authority must review the IDP unless the authority considers it unnecessary. 220 Where the school/FEI/local authority consider a review to be unnecessary 14.45 If the school/ FEI or local authority considers that it is unnecessary to review the IDP they must inform the child, child’s parent or young person within 2 weeks of receiving that request. 14.46 As well as explaining their decision not to review the IDP, the school/FEI/local authority must send: the name and contact details of the ALNCo in the school/FEI or the relevant local authority officer; copies of the relevant information and advice made available by the local authority or details of how to access it 221 ; details of the local authorities avoidance and resolution of disagreement arrangements, as well as the local authorities independent advocacy. 14.47 Where a maintained school has sent a notification of this decision, they must also outline the child’s, child’s parent or young person’s right to contact their local authority to discuss the issue further and ask the local authority to take over responsibility for the IDP. 14.48 Where it is a FEI or local authority which has sent the notification, they must also outline the right to appeal to the Education Tribunal. 14.49 This should be in a format which is accessible and meet any specific communication needs the family has in order to reflect the importance of the child, child’s parent or young person participating as fully as possible in decisions and being provided with the information and support necessary to enable participation in those decisions. 222 219 Section 21(5) of the Act. 220 Section 22(3) of the Act. 221 As per the duty on local authorities set out at section 7 of the Act. 222 Section 6 – Duty to involve and support children, their parents and young people – see also Chapter 3. Page | 146

Where the school/FEI/local authority considers it necessary to review the IDP. 14.50 Where a school, or FEI is maintaining the IDP and considers it necessary to review the IDP following a request to do so, they must have completed the review, prepared a revised IDP and provided a copy of the revised of the IDP to the child, child’s parent or young person within a maximum of 7 school/FEI weeks (35 school/FEI days). 14.51 Where a local authority is maintaining the IDP and consider it necessary to review the IDP following a request to do so, they must complete the review and give a copy of the revised plan to the child, child’s parent or young person within a maximum of 10 weeks. 14.52 As well as sending a copy of the revised IDP to the child or young person, the school/FEI or local authority reviewing the IDP must also send: the name and contact details of the ALNCo in the school/FEI or the relevant local authority officer; copies of the relevant information and advice made available by the local authority or details of how to access it 223 ; details of the local authorities avoidance and resolution of disagreement arrangements, as well as the local authorities independent advocacy. 14.53 Where a maintained school has sent a copy of the IDP, they must also outline the child’s young person’s or parent’s right to contact their local authority to discuss the issue further and ask the local authority to take over responsibility for the IDP 224 . Where it is a FEI or local authority which has sent a copy of the IDP, they must also outline the right to appeal to the Education Tribunal. 14.54 This should be in a format which is accessible and meet any specific communication needs the family has 225 . 14.55 Where a school or FEI is reviewing the IDP, it might become apparent that the child’s or young person’s needs are such that the local authority is required to take over responsibility for the IDP (See Chapter 16). Conducting reviews with other plans 14.56 As highlighted in Chapter 10 (IDP), a school, FEI or local authority may prepare, review or revise an IDP at the same time as it, or another body, is preparing, reviewing or revising another document in the case of the person 223 As per the duty on local authorities set out at section 7 of the Act. 224 Section 34 of the Act. 225 See duties in Chapter 3 Page | 147

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