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Needs Code February 2017

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

Dual-registered children

Dual-registered children and young people 20.18 Some children and young people are dual-registered. This term is used in this Code to refer to children or young people who are registered or enrolled at more than one school or FEI, or a school and an FEI, (where at least one of the institutions is a maintained school in Wales or FEI in Wales) at the same time and the child or young person is to be provided with education or training at both institutions. 292 20.19 The principle given effect in the Act is that in such cases, the local authority responsible 293 for the child or young person should be subject to the duties to decide upon ALN and prepare and maintain an IDP. 20.20 Where a child or young person is dual-registered and the school or FEI believes that the child or young person may have ALN then they must refer the child’s or young person’s case to the local authority responsible for the child or young person to decide if the child or young person has ALN. 294 20.21 Where a school or FEI is maintaining an IDP for a child or young person and they then become registered or enrolled at another school or FEI (i.e. they become dual-registered) then the school/FEI must inform the local authority responsible for the child or young person of these circumstances. 295 The local authority will become responsible for maintaining the IDP when it is aware that the child or young person is dual-registered (either by being notified by a school or FEI, or by any other means). 296 20.22 Where a child is dual-registered a local authority is not able to direct a school to prepare and maintain an IDP or maintain an IDP. 297 Education Otherwise Than At Schools (EOTAS) 20.23 Under section 19 of the Education Act 1996, children may receive education outside the school setting (EOTAS). This refers to any type of education outside the school, where local authorities have a duty to provide suitable education for learners of compulsory school age who might not otherwise receive any education. Children are educated outside mainstream schools for a number of reasons. They may be ill or injured, have been excluded or have emotional and behavioural difficulties. The EOTAS provision can include Pupil Referral Units (PRUs), schools established in hospitals, FEIs, and individual tuition (but not elective home education). 292 See section 28(1) and (3) of the Act. 293 If the child or young person is in the area of a local authority in England, then the maintained school or FEI in Wales attended by the English resident would be responsible for ALN matters, as it would be for other English residents: section 28(1)(e) and 28(3)(d) of the Act. 294 Section 28(2) of the Act. 295 Section 28(6) of the Act. 296 Section 28(5) of the Act. 297 Section 28(7) of the Act. Page | 190

20.24 A local authority may arrange for the ALP identified in an IDP it maintains for a child, or any part of that provision, to be made otherwise than in a school, but the local authority may only do so if it is satisfied that it would be inappropriate for the ALP to be made in a school 298 . 20.25 Where a child is educated otherwise than at school and it is brought to the attention of the local authority that the child may have ALN, and an IDP is not being maintained for that child, the local authority must decide whether the child has ALN, unless exceptions apply. 20.26 Parents are required to ensure that a child of compulsory school age receives suitable education 299 . Suitable education means efficient education, suitable to a child’s ability and aptitude and to any ALN they may have. This education must be full-time, unless the local authority determines that, for reasons relating to the physical or mental health of the child, a reduced level of education would be in the child’s best interests. 20.27 Where a child has an IDP and it is arranged that the child will be educated otherwise than at school, it would often be appropriate for the local authority to become responsible for maintaining an IDP, where it was not previously, and reviewing the IDP in consideration of the new setting the child will be attending. 20.28 Where an alternative provider has concerns that the child’s needs are not being met, or they have, or may have ALN, they should raise their concerns with the responsible local authority. 20.29 Where a child is educated otherwise than at school, the duties on the local authority to put in place an IDP, where it determines that the child requires one, and reviewing IDPs remain the same. 20.30 In the case of a child educated otherwise than at school, the range of professionals involved in the IDP process may be wider and, in some respects, different from those professionals involved where a child does attend a school. The IDP meeting, or the review meeting, should take place in the most appropriate location, such as in the local authority’s offices, a hospital or the parent’s home. Children and young people in alternative provision because of health needs 20.31 Children and young people who are in hospital or placed in other forms of alternative provision because of their health needs, should have access to education that is on a par with that of mainstream provision (where that is suitable), including appropriate ALP to meet the needs of those with ALN. The education they receive should be good quality and prevent them from slipping 298 Section 47 of the Act. 299 Section 7 of the Education Act 1996. Page | 191

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