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Needs Code February 2017

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

PROCESS FOR REVIEWING AN

PROCESS FOR REVIEWING AN IDP WHERE A REQUEST IS MADE BY THE CHILD, CHILD’S PARENT OR YOUNG PERSON Has the child or young person’s circumstances changed? Has any new information come to light? NO No review is needed. Send notification of decision to child, child’s parent or young person Is it time for an annual (or agreed periodic) review? ? YES Review process starts. This includes gathering necessary information and conducting a review meeting. Does the child or young person still have ALN? NO Commence process for ceasing to maintain IDP. YES Issue revised IDP, including providing copies to child,(where appropriate); child’s parent or to the young person. Page | 150

Chapter 15 – Ceasing to maintain an IDP Summary 15.1 This Chapter deals with the various circumstances in which duties to prepare and maintain an IDP cease. In some of these circumstances, the duties cease due to a change in circumstances, such as a child ceasing to be a registered pupil at a school. In these cases, another body might then have a duty to maintain the IDP – see section 33 and Chapter 16 on transferring an IDP. In other cases, the duty to maintain an IDP ceases following a decision that the person no longer has ALN or (only in the case of a local authority maintaining an IDP for a young person), that it is no longer necessary to maintain it. This Chapter sets out the steps to be taken before and after such a decision is made, and the individual’s options for appealing the issue. It should be read alongside sections 29 to 32 of the Act. The Circumstances in which an IDP might cease to be maintained 15.2 Section 29 of the Act sets out the circumstances in which the various duties to prepare or maintain an IDP cease to apply. 15.3 A school’s duty to prepare or maintain an IDP ceases if the person ceases to be a registered pupil at the school. 228 Similarly, an FEI’s duty to prepare or maintain an IDP ceases if the person ceases to be a student enrolled at the FEI. 229 In these cases, another institution may be under a duty to maintain the plan. 230 15.4 Particular duties to prepare or maintain an IDP also cease to apply upon a person becoming a looked after child, or ceasing to be looked after. 231 So a school’s duty to prepare or maintain an IDP ceases if the child becomes looked after. Similarly, when a child ceases to be looked after, the looking after local authority’s duty in section 17 to maintain the IDP ceases. However, usually in these cases there will be a duty on (the same or a different) local authority under another section of the Act to prepare or maintain an IDP. 232 15.5 A local authority’s duty to prepare or maintain an IDP also ceases if the local authority ceases to be responsible for the person, 233 that is, if the person ceases to be in the local authority’s area. 234 This would be the case if a child and their family move to live in another local authority area, in which case, the child would become the responsibility of that other local authority. 228 Section 29(1)(a) of the Act. 229 Section 29(2) of the Act. 230 Section 33 [and any regulations made under section 34 of the Act]. 231 Sections 29(1), (3)(b) and (4) of the Act. 232 Section 33 of the Act. 233 Section 29(3)(a) of the Act. 234 Section 86(4)of the Act. Page | 151

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