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Needs Code February 2017

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

Duty to decide 7.2.32

Duty to decide 7.2.32 Where the school believes that the child or young person may have ALN, the governing body must decide whether the child or young person has ALN (unless the exceptions listed at the start of this Chapter apply.) 45 When making this decision, consideration needs to be given to a range of factors. Practitioners should refer back to the definition of ALN at section 2 of the Act, have regard to the guidance on the application of this definition set out at the beginning of Chapter 6, and apply it to the individual circumstances of the case. 7.2.33 Where it is determined that the pupil has ALN, the governing body of the school must prepare and maintain an IDP, unless certain circumstances apply. 46 See Chapters 9.1 to 16 for further information about IDPs. 45 Section 9 of the Act. 46 Section 10 of the Act. Page | 56

DECISION ON ADDITIONAL LEARNING NEEDS When it is brought to the attention of, or otherwise appears to a maintained school, that a pupil may have ALN and does not have an IDP, the following process must be followed (Different arrangements apply if student is dual registered, looked after, detained, an English resident or an EHC plan is being maintained): If the pupil is a young person, does the pupil consent to a decision being made about whether they have ALN? NO No decision required – notify pupil YES Has school previously decided whether pupil has ALN? YES NO Is school satisfied that: the pupil’s needs have not materially changed since that decision was made; and there is no new information that materially affects that decision YES NO School decides whether the pupil has ALN? YES Does the school consider the pupil has ALN: That may call for ALP it would not be reasonable for it to secure; Which is of an extent YES or YES nature it cannot adequately determine, or For which they cannot adequately determine ALP? NO YES Notify pupil, and if pupil is a child, the parent Refer matter to local authority responsible for child or young person Notify pupil and if pupil is a child, the parent NO Prepare IDP Page | 57

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