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Needs Code February 2017

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

20.45 Local authorities

20.45 Local authorities should take account of the particular needs of any Service communities within their boundaries when providing or planning ALP for Service children with ALN. 20.46 In respect of Service children, the school, FEI or local authority responsible for preparing and/or maintaining the IDP should: ensure that all reviews for Service children with ALN consider those Service-related issues (e.g. service induced mobility) relevant to the outcomes of those reviews; ensure that access to appropriate assessments, interventions and provision is determined solely on the nature, severity and complexity of the needs presented by Service children with ALN and is not related to the amount of time they have left in a particular school; consider the likely impact on the Service child’s needs and the provision made to meet those needs of any relevant Service-related issue, and when determining whether or not a Service child has ALN it may be appropriate to seek advice from the CEAS; and use all relevant evidence – including EHC plans in England, statements in Northern Ireland, Co-ordinate Support Plans in Scotland and the Service Children’s Assessment of Need (SCAN) completed for them by the SCE – when assessing appropriate provision for Service children with ALN. Education Tribunal for Wales 20.47 In reaching decisions about appeals from Service parents, the Tribunal should consider, on the basis of the evidence available to them, the extent to which Service-induced mobility has had, is having, and will have an impact on the appropriateness and effectiveness of the ALP in an IDP and that requested by a parent. Children and Young People with ALN in the Youth Justice System 20.48 Sections 36–40 of the Act impose duties in relation to children and young people who are sentenced or remanded by the Courts to custody and detained in relevant youth accommodation in Wales or England. 303 The term ‘detained person’ will be used in this section to refer to these children and young people. 303 Section 36(1) of the Act defining “detained person”, using definitions from section 562 of the Education Act 1996. Page | 194

20.49 Relevant youth accommodation includes secure colleges, secure training centres and young offender institutions, 304 but which is not in a young offender institution (or part of one) used wholly or mainly for the detention of persons aged 18 and over. 20.50 ‘The person in charge of relevant youth accommodation’ refers to the Governor, Director or Principal in charge of the accommodation. 20.51 The ‘home authority’ is, in the case of a child/young person who was looked after immediately before the detention or any time since then, the local authority that most recently looked after the person, otherwise the local authority where the child or young person is ordinarily resident (ignoring any period when the person is subject to a detention order). 305 20.52 It is important to remember that the general principles which apply throughout the Code, also apply to those children and young people with ALN in the Youth Justice System. Help and Sharing of Information 20.53 A youth offending team (“YOT”) must notify the home authority of the place of detention when a child or young person aged 18 and under is detained (or moves to a new place of detention). 306 20.54 All children and young people entering the youth justice system are assessed by the YOT, using the approved Youth Justice Board (YJB) assessment tool. As part of the assessment process, YOTs will seek information from a number of sources, including local authorities, schools and/or FEIs and the education provider in the custodial establishment. Local authorities must, on a request from a YOT for information connected with the provision of education or training for a detained person, provide such information they hold relating to the detained person as soon as practicable. 307 Schools and FEIs who have provided education for a detained person, can provide information relating to the detained person to the home authority for the purposes of, or in connection with the provision of education 304 It also captures accommodation provided by or on behalf of a local authority for the purpose of restricting the liberty of children and young persons; accommodation provided for that purpose under s.82(5) of the Children Act 1989 and any other description of accommodation specified by the Secretary of State by order, provided it is not in a young offender institution used wholly or mainly for the detention of people aged 18 and over: section 562(1A), which refers to the definition of youth detention accommodation in section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000. 305 Section 36(1) importing the definition in section 562J(1) subject to any modifications as may be made in regulations under section 36(2) of the Act. 306 Section 39A of the Crime and Disorder Act 1998 307 Section 562F(2) – (4) of the Education Act 1996. This duty also applies in respect of such requests from other persons, including the person in charge of any place where the detained person is detained. Page | 195

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