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Needs Code February 2017

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15.6 Duties to prepare

15.6 Duties to prepare and maintain an IDP also cease if the person becomes detained. 235 15.7 The duties also cease to apply at the end of the academic year during which the young person becomes 25. 236 For these purposes, an “academic year” is 237 : in relation to a young person who attends an FEI, a period of 12 months ending on 31 July; and in relation to any other young person, a period of 12 months ending on the day the young person’s course of education or training ends or the day before the young person attains the age of 26 (whichever is earlier). 15.8 A duty to maintain an IDP ceases if the body maintaining it decides that the child or young person no longer has additional learning needs. 238 Such a decision would usually be reached as an outcome of a review. There should not be any presumption that because a child or young person has been given an IDP they will continue to need one until they leave education or training. In considering this issue, practitioners should refer back to the basic definition of ALN in the Act 239 (and the further guidance in Chapter 6 of this Code) and consider whether that test is still met. 15.9 The duty on a local authority maintaining an IDP for a young person ceases if the local authority decides that it is no longer necessary to maintain the plan, having regard to the young person’s reasonable needs for education or training. 240 15.10 The rest of this Chapter deals with process involved in making these decisions (that the person no longer has ALN or that it is no longer necessary to maintain an IDP), the ways in which it can be appealed and when it takes effect. Deciding that a person no longer has ALN or (for a young person) that it is no longer necessary to maintain an IDP 15.11 There will be points at which it is no longer necessary to maintain an IDP for a young person. This might be because the young person no longer has ALN. It might also be because it is no longer necessary to maintain an IDP for a young person having had regard to their reasonable needs for education or training. An example of this might be where a young person completes their further education study and moves into employment. 235 Section 29(10) and see the duties in sections 37 and 39 of the Act. 236 Section 32 of the Act. 237 Section 32(2) of the Act. 238 Section 29(5) of the Act in the case of a school or FEI and section 29(6)(a) of the Act in the case of a local authority. 239 Section 2 of the Act. 240 Section 29(6)(b) of the Act. Page | 152

15.12 A question of whether a child or young person still has ALN is most likely to arise in the course of a review of an IDP. Children, their parents and young people may find the prospect of an IDP and ALP ceasing alarming. They should be reassured that appropriate, ongoing, support through differentiated teaching, and other relevant strategies and practice, can and will be delivered, and that if ALN re-emerges an IDP will be reinstated with prepared. It should be possible to prepare the IDP quickly and in advance of the statutory deadlines because the majority of the information should already be available. If it is being considered at a review meeting that the child or young person no longer has ALN, these matters can be discussed at that time. 15.13 Before a school, FEI or local authority can take either of these decisions, it must notify the child, child’s parent or young person, and in the case of a looked after child, the independent reviewing officer, that it proposes to make such a decision 241 . It should then allow sufficient time and opportunity for representations to be made in relation to the decision. In most cases, this can occur through the normal review process. 15.14 After the school, FEI or local authority has considered any representations and gone on to decide that the person no longer has ALN or that it is no longer necessary to maintain an IDP, it must notify the child, child’s parent or young person and, in the case of a looked after child, independent reviewing officer, of the decision, and the reasons for it 242 . 15.15 The notification must contain: 1. the name and contact details of the ALNCo in the school/FE or relevant contact at the local authority; 2. copies of the relevant information and advice made available by the local authority or details of how to access it 243 ; 3. details of the independent advocacy services available and of the relevant avoidance of disagreement service; 15.16 A maintained school must also notify the child and their parent, or the young person, of their right to request a reconsideration of the matter from the local authority 244 . 15.17 An FEI or local authority must notify the child, child’s parent or the young person, of their right to appeal to the Tribunal. 15.18 Where the child or young person is continuing in education or training, the notification should also contain an outline of what action the school or FEI will undertake to ensure the child’s or young person’s needs are met. This might include any strategies or facilities that form part of the differentiated 241 Section 29(7) of the Act. 242 Section 29(8) of the Act. 243 As per the duty on local authorities set out at section 7 of the Act. 244 Section 29(9) of the Act. Page | 153

Traded services offered to maintained schools 2012/13
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Indicative Draft: The (0-25) Special Educational Needs Code of Practice
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Indicative Draft: The (0-25) Special Educational Needs Code of Practice
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