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Needs Code February 2017

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

20.66 Where an IDP was

20.66 Where an IDP was being maintained by a school or FEI or other LA prior to detention, the duty to keep an IDP only applies where this is brought to the attention of the home authority. 317 20.67 The home authority must inform the detained person and the parent of a detained person who is a child that it is keeping an IDP while the person is detained in relevant youth accommodation. 318 The authority must give a copy of the IDP to the person in charge of the relevant youth accommodation. 319 20.68 Where the home authority keeps an IDP, it must arrange for appropriate learning provision to be provided to the detained person while they are being detained. 320 20.69 Appropriate learning provision is defined as 321 : ALP specified in the IDP; or if it appears to the home authority that it is not practicable for the ALP specified in the IDP to be provided, then educational provision corresponding as closely as possible to that ALP, or if it appears to the home authority that the ALP specified in the IDP is no longer appropriate for the detained person, then ALP which the home authority considers appropriate. 20.70 The above recognises that it might not always be practicable to deliver the provision set out in the IDP. However, where the provision is not currently available within the relevant youth accommodation, it does not necessarily mean that it is impracticable for it to be arranged. Where it is not practicable to arrange specified provision in the IDP, the home authority should work with the person in charge of the relevant youth accommodation and the education provider to identify provision corresponding to that set out in the IDP. 20.71 If it appears to the home authority that the ALP specified in the IDP is no longer appropriate, e.g. the detained person’s needs have changed since their last review or they have previously unidentified needs, the home authority must arrange additional learning provision that the home authority considers appropriate. 322 They should work with the child or young person to determine what appropriate ALP would consist of. 20.72 Failure to meet the needs of the child or young person might lead to a higher chance of reoffending. Home authorities should work closely with the person in charge of relevant youth accommodation and the YOT who must provide information or other help to the home authority upon its request in 317 Section 39(5) of the Act. 318 Section 39(6) of the Act. 319 Section 39(7) of the Act. 320 Section 39(8) of the Act. 321 Section 39(9) of the Act 322 Section 39(8) and (9) of the Act. Page | 198

order to enable that authority to exercise its functions related to ALN, unless they consider that doing so would be incompatible with their own duties or otherwise have an adverse effect on the exercise of their functions. 323 20.73 In practice, educational provision in relevant youth accommodation, including any additional support that a detained person may require as part of an IDP, will be delivered by an education provider under contractual arrangements with the YJB or the custodial operator and is commissioned and funded centrally. 20.74 A home authority should work closely with the providers to arrange provision. The home authority should seek to do this as soon as they become aware of the detained person entering custody, using the custodial establishment’s and YOT’s existing planning procedures wherever possible. 20.75 Whilst the person is detained, the duty to maintain the IDP and other duties that depend on it (for example, the duty to review it) do not apply. 324 20.76 Custodial sentences for detained children and young persons are often short. As such, it is important for decisions to be made as soon as possible to enable the provision to be put in place without delay. IDP’s for children and young people on release from relevant youth accommodation 20.77 Where a YOT becomes aware that a detained person has been released from relevant youth accommodation, the YOT must, as soon as practicable, notify the following of this fact: the home authority, the local authority where the detained person was detained and any other local authority where it is expected that the detained person will live on release. 325 This assists the resettlement process. 20.78 On the date the detained person is released, if a local authority in Wales is responsible for that person the local authority must maintain the plan that was kept for the person during the detention 326 . However, if the person is a child looked after by a local authority upon release, then it is the looking after authority that must maintain the plan. 327 20.79 The local authority should review the IDP as soon as it is reasonably practicable. The authority should take into account any evidence provided by the custodial establishment, education provider and YOT to ensure the IDP is informed by any previous assessments undertaken. 323 Section 58 of the Act. 324 Section 39(3) of the Act 325 Section 39A of the Crime and Disorder Act 1998 326 Section 40 of the Act 327 Section 40(3) and (4) of the Act. Page | 199

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