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Needs Code February 2017

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

eakout sessions to

eakout sessions to discuss how to ensure they get their point of view across and present their evidence At the second meeting the family attends it is possible, by this time, to gain shared perspectives and see where agreement is close At this meeting the independent person supports the local authority officer to explain why she believes that the placement would not meet the child’s needs. Although all his needs were well documented they have not been laid out in this way before This also involves supporting the parents to listen to the full nature of their son’s needs which is painful for them to hear, but necessary for the process of moving closer to a solution On the third meeting the family and the local authority begin to work out acceptable wording of need and agree what provision is acceptable to all parties The use of resolving disagreements arrangements ends with the agreement document signed and shared, with both parties keen to continue the work together. Outcome Frank attended the local authority school with trained and adequate support to facilitate educational programmes deemed necessary by the parents and agreed by the local authority. Page | 182

Chapter 19: Appeals and Applications to Tribunal Introduction 19.1 The Education Tribunal for Wales (“the Tribunal”) hears and decides appeals and applications in relation to children and young people with ALN. Specifically, it hears and decides appeals about the decisions of an FEI or a local authority in Wales and hears and decides applications in relation to the capacity of a child to understand. It also hears disability discrimination claims in relation to schools. The Tribunal is independent of government and local authorities and its decisions are legally binding. Matters about which appeals applications can be made 19.2 A child, child’s parent or young person may appeal to the Tribunal about 267 : a decision by a FEI or local authority as to whether the child or young person has ALN; in the case of a young person, a decision by a local authority as to whether it is necessary to prepare and maintain an IDP; the description of a person’s ALN in an IDP; the ALP in an IDP, or the fact that ALP is not in an IDP, including whether the plan specifies that ALP should be provided in Welsh; s.12(6) or 17(5) decisions, where the reasonable needs cannot be met unless the local authority also secures board and lodging, prescribed provision 268 or a place at a particular school or other institution the school named in an IDP for the purpose of admitting a child to a named institution (section 42 of the Act); if no school is named in an IDP for the purpose of admission; a decision by the local authority not to take over responsibility for an IDP, which is maintained by a school, where it is requested to do so (section 26 of the Act); a decision to not revise an IDP where the local authority has been asked to reconsider the IDP maintained by a maintained school; and a decision to cease to maintain an IDP; A refusal to decide a matter on the basis that there is no change in needs and no new information. 19.3 A child or a child’s parent may apply to the Tribunal for a declaration that the child either does or does not have the capacity to understand 269 : Information or documents that must be given to a child under part 4 of the Act; or What it means to exercise the rights conferred on a child by Part 4 267 Section 63 of the Act. 268 [To be set out in regulations made under section 12 of the Act.] 269 Section 63 of the Act. Page | 183

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