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Needs Code February 2017

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

DECISION ON ADDITIONAL

DECISION ON ADDITIONAL LEARNING NEEDS When it is brought to the attention of, or otherwise appears to a FEI, that an enrolled student 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): Does the young person consent to a decision being made about whether they have ALN? YES NO No decision required – notify young person Has the FEI previously decided whether young person has ALN? YES NO Is FEI satisfied that: the young person’s needs have not materially changed since that decision was made; and there is no new information that materially affects that decision YES Notify young person NO FEI decides whether the young person has ALN YES Does the FEI consider the young person has ALN: That may call for ALP it would not be reasonable for it to secure; Which is of an extent or nature it cannot adequately determine, or For which they cannot adequately determine ALP? NO YES Notify young person Refer matter to the local authority responsible for the young person NO Prepare IDP Page | 64

Chapter 8: Decisions that a child or young person does not have ALN Summary 8.1 This Chapter deals with the consequences and actions which flow from a decision that a child or young person does not have ALN. Notifying children 8.2 In this Chapter, there are various references to notifying a child. However, in some cases this is not required; it depends upon the capacity of the child to understand the matter and whether a case friend has been appointed for the child. 50 The references to notifying a child are to be read as only applying where there is a requirement to notify the child or case friend. Maintained School Decisions 8.3 Chapter 9.2 sets out when a maintained school must decide whether a child or young person has ALN. 51 In some cases, the school will decide that the individual does not have ALN. In those circumstances, the school must notify the child 52 and the child’s parent, or the young person, of the decision and the reasons for it. 53 8.4 The notification should be made as soon as possible and in any event no longer than described in Chapter 10. 8.5 As well as setting out the decision and the reasons for it, the notification must contain: the name and contact details of the school’s ALNCo; information about how to access the appropriate local authority’s arrangements for providing people with information and advice about ALN and the ALN system. 54 [This could be done by enclosing a local authority leaflet about the ALN system or the local authority’s web pages and drawing attention to how to get further information and advice.]; details of local authority 55 arrangements for the avoidance and resolution of disagreement, as well as its independent advocacy services; and, 50 Sections 75 and 76 of the Act. 51 Section 9(1) 52 However, this is subject to consideration of the child’s capacity to understand – see Chapter 3. 53 Section 9(4) 54 These are the arrangements that the local authority must make under section 7 of the Act. 55 This is the local authority responsible for the child or young person (i.e. the local authority in whose area the person is). In the case of a looked after child, it can also be the local Page | 65

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