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Needs Code February 2017

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

or training for the

or training for the detained person 308 and may have to provide it following a request from the local authority for it. 309 . 20.55 Chapter 12 provides further information regarding instances where a local authority requires help and information from other bodies, including YOT’s and the person in charge of relevant youth accommodation. Education within the youth justice system 20.56 The home authority must take such steps as the home authority consider appropriate to promote the fulfilment of the detained person’s learning potential during detention and following release, whether they have an IDP or not. 310 It is, therefore, important that the home authority monitors the education and training of a detained person and continues to engage with them whilst they are in custody. 20.57 The detained person’s YOT will be the key point of contact between the person in charge of the relevant youth accommodation and the home authority. However, the home authority may also need to discuss the provision directly with the person in charge of the relevant youth accommodation and the education provider. Preparing an IDP for a detained person 20.58 Where it is brought to the attention of, or otherwise appears to, a home authority in Wales, (for example by notification from the YOT), that a detained person may have ALN and an IDP is not being kept for them under section 37 of the Act, the home authority must: decide whether or not the detained person has ALN; and if it decides that the detained person has ALN, decide, in accordance with regulations, whether it will be necessary for an IDP to be maintained for the detained person when they are released from detention 311 . 20.59 A home authority is not required to make this decision where: the detained person is a young person who does not consent to the decision being made; or the home authority has previously decided whether the detained person has ALN and is satisfied that the person’s needs have not changed materially since the decision was made, and there is no new information that materially affects the decision 312 . 308 Section 562F(1) of the Education Act 1996. 309 Under section 58 of the Act. 310 Section 562B of the Education Act 1996. This does not apply if the child is looked after, but the looking after local authority is subject to a similar duty under section 78 of the Social Services and Well-being (Wales) Act 2014. 311 Section 37(2) of the Act. 312 Section 38 of the Act. Page | 196

20.60 Where the home authority is required to make the decision it must, before doing so, invite the person in charge of the relevant youth accommodation to participate in the decision, and, if needed, in the preparation of the IDP 313 . 20.61 In coming to this decision, the home authority should consider any relevant information, for instance from YOTs, the YJB assessment tool and relevant youth accommodation as well as from schools and FEIs attended by the person. Carers, health and social care professionals and youth workers can also support the identification of ALN. 20.62 If the home authority decides that a detained person has ALN and decides in accordance with regulations that it will be necessary for an IDP to be maintained for the detained person when released, the home authority must 314 : prepare an IDP for the detained person; and give a copy of the plan to the detained person, the parent of a detained person who is a child, and the person in charge of the relevant youth accommodation. 20.63 Where the local authority decides that the detained person does not have ALN, or that it will not be necessary for an IDP to be maintained for the detained person when released, it must notify the detained person, the parent of a detained person who is a child, and the person in charge of the relevant youth accommodation of the decision and the reason for the decision 315 . 20.64 When giving a copy of the IDP or notifying the decision that the detained person does not have ALN or that an IDP is not being prepared, the home authority must also provide details of how to access its information and advice arrangements, avoidance and resolution of disagreements arrangements, and independent advocacy services and inform the recipient of the rights of appeal to the Education Tribunal for Wales. This does not apply in relation to the copy or notification given to the person in charge of the relevant youth accommodation. Duty to keep an IDP for detained persons and arrange appropriate learning provision 20.65 Where a detained person had an IDP maintained for them immediately before the beginning of their detention by a school, FEI, or local authority, or a home authority has prepared an IDP during detention under section 37 of the Act, the home local authority must keep the IDP whilst the person is detained. 316 313 Section 37(3) of the Act. 314 Section 37(5) of the Act. 315 Section 37(4) of the Act. 316 Section 39 of the Act Page | 197

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