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Needs Code February 2017

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

Limitation on ceasing to

Limitation on ceasing to maintain plans to allow Reconsideration and/or Appeal 15.25 Before a school, FEI or local authority is able to cease maintaining an IDP, a child, child’s parent or young person is given the opportunity to challenge that decision through a reconsideration request to a local authority (where a decision to cease the IDP has been made by a maintained school – see above) and an appeal to the Education Tribunal or (in the case of an FEI or local authority decision) through an appeal to the Education Tribunal. 249 249 Section 31of the Act. Page | 156

Chapter 16: Transferring an IDP Summary 16.1 This Chapter sets out requirements and guidance in relation to the transfer of IDPs between one maintained school, FEI or local authority to another. 16.2 Section 33 of the Act deals with transferring the duty to maintain an IDP between local authorities, schools and FEIs. 16.3 Section 73 of the Act provides that regulations may be made in relation to the disclosure or use of information in relation to ALN, or for other purposes connected with the education of a child or young person. 16.4 The Statement of Policy Intent provides further information on how regulations made under section 34 will be made in relation to the transfer of IDPs between institutions and local authorities. 16.5 When an IDP is transferred, the school/FEI/local authority should review the IDP as soon as possible. This review should consider the new circumstances for the child or young person. 16.6 It is important to remember that the majority of times in which an IDP is transferred follow a known transition. As per the guidance in the next Chapter, these transitions should be planned for in advance and schools/ FEIs/ local authorities should be involved in the transition planning process ahead of any move. The IDP provides a space to list possible ALP which might be received in the future. 16.7 [As per Section 34 of the Act regulations may make further provision around transferring the duty to maintain an IDP between local authorities, schools and FEIs]. Page | 157

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