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Needs Code February 2017

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

person has ALN and to

person has ALN and to prepare, maintain and review an IDP are placed upon the local authority that looks after the child 278 – rather than a maintained school in Wales attended by the child or the local authority in whose area the child is (which could be different to the local authority which looks after the child). The main exception to this is if the child is in the area of a local authority in England 279 (which would be the case if the child were to be placed in England other than on a temporary basis, in which case the local authority in England may be responsible for the child under the Children and Families Act 2014 280 ). 20.7 The local authority that looks after a child must decide whether the child has ALN if it is brought to its attention, or otherwise appears to it, that the child may have ALN. 281 The exceptions to this are: if an IDP is being maintained for the child; the local authority has previously decided the matter and is satisfied that the child’s needs have not changed materially since then and that there is no new information that materially affects that decision; (as noted above) the child is in the area of a local authority in England. 282 20.8 They might become aware that the child has, or may have ALN, through being referred the matter by the school the child attends, or another local authority. 20.9 Where the local authority decides that the child has ALN they must maintain and prepare an IDP. 283 20.10 Where a child already has an IDP upon becoming looked after, the looking after local authority must maintain the IDP under section 17 and if a different body had been maintaining it (e.g. a maintained school), it ceases to be responsible for doing so. 284 20.11 If the local authority maintains an IDP under section 17 of the Act for a child it looks after, that IDP must be incorporated into the child’s personal education plan. 285 The personal education plan is usually a required part of the care and support plan which must be prepared for looked after child. 286 278 Sections 16 and 17 of the Act. 279 Section 16(2)(c) and 17(3)(a) of the Act. If the child is in the area of a local authority in England but attending a maintained school in Wales, the school is subject to the duties to decide upon ALN and prepare and maintain an IDP as it would be for any other English resident pupils: sections 9(5) and 10. The other exception is to the duties to prepare and maintain an IDP if the child is ordinarily resident outside England and Wales: section 17(3)(b). 280 See section 24 of that Act. 281 Section 16 of the Act. 282 Section 16(2) of the Act. 283 Section 17 of the Act. 284 Section 33(9) and (10) of the Act. 285 Section 83(2C) of the Social Services and Well-being (Wales) Act 2014, which was inserted by section 14(2) of the Act. 286 Section 83 of the Social Services and Well-being (Wales) Act 2014. Page | 188

20.12 The incorporation of the IDP in to the personal education plan will facilitate a holistic approach to the planning of educational provision for these children. Local authorities should take every opportunity to ensure that the child’s additional learning provision and the wider educational provision made for them, complement one another. 20.13 There is also a specific requirement for looked after children on reviews of IDPs maintained by local authorities in respect of children they look after, which reflects the position on reviews for other children and young persons. 287 As the IDP for a looked after child forms part of the child’s care and support plan, it might also be reviewed and revised under the Social Services and Well-being (Wales) Act 2014, or regulations made under that Act. 288 20.14 Also, for looked after children, there are requirements to notify or give copies of the IDP to the child’s independent reviewing officer, as well as the child and the child’s parent. 289 Other Children and Young People with Care and Support Plans 20.15 It should be noted that the Social Services and Well-being (Wales) Act 2014 (‘the 2014 Act’) generally defines a child as a person who is aged under 18 and an adult as a person who is aged 18 or over. 290 Therefore, a person defined as a young person for the purpose of the Act could be a child or an adult in the Social Services and Well-being (Wales) Act 2014 depending on their age. 20.16 Where a child or young person has a care and support plan under Part 4 of the Social Services and Well-being Act (Wales) 2014 Act or a person was formerly looked after has a pathway plan 291 and also has ALN, consideration should be given to holding the IDP review and the care and support plan / pathway plan meeting at the same time (see Chapter 10). Considering care and support needs and ALN simultaneously may inform what support and ALP is most suitable to meet their needs in a more holistic way. The reviews should utilise the principles outlined under Chapter 14. 20.17 Where reviews are conducted at the same time, they must follow the requirements of the relevant legislation. Whilst it may be beneficial to undertake reviews of different plans at the same time, reviews and assessment of needs should not be delayed to the detriment of the child or young person. It may be that the plans will need to be reviewed at different times to best meet the needs of the child or young person. 287 Section 22 of the Act. 288 See section 83 of the 2014 Act and regulations made under it. 289 For example, section 20(3) of the Act. 290 Section 3 of the Social Services and Well-being (Wales) Act 2014. 291 Under section 107 of the 2014 Act . Page | 189

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