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Needs Code February 2017

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

A third party, for

A third party, for example a friend or family member, has alerted the local authority that they consider the child may have ALN. Individuals for whom the Local Authority is responsible 9.1.6 In the vast majority of cases, it will be very clear who a local authority is responsible for. A local authority will be responsible for a child if the child is in its area, 68 which depends upon where the child resides. 9.1.7 This means that a local authority which is responsible for the child might be different to the local authority in which a pre-school setting is located, namely where the child attends a setting in a local authority other than the one in which it lives. There is provision in the Act for local authorities to request information and other help from other persons, including other local authorities. 69 Circumstances in which no Local Authority decision is required 9.1.8 The duty to decide whether the child has ALN will not apply where any of the following circumstances exists: An IDP is already being maintained for that child or young person. Where the local authority has previously decided the issue and is satisfied that the child’s needs have not changed materially since that decision and there is no new information which materially affects that decision 70 . The child is looked after by another local authority – they then must refer the matter to the local authority that looks after the child (see Chapter 20). The Local Authority Decision on ALN – Next Steps 9.1.9 Where the local authority decides that the child does not have ALN it must notify the parent and any case friend, of the decision and the reasons for that decision 71 . Chapter 8 deals with notifications of decisions, including local authority decisions, that a child or young person does not have ALN. 9.1.10 Where the local authority decides that the child has ALN, the local authority must prepare and maintain an IDP. 72 If the child later becomes a registered pupil at a maintained school in Wales, the local authority may direct the school’s governing body to maintain the plan. 73 68 Section 86(4) of the Act. 69 Section 58 of the Act. 70 Sections 11(2) and 76 of the Act. 71 Section 11(3) of the Act. 72 Section 12 of the Act. 73 Section 12(4) of the Act. Page | 76

Chapter 9.2: Duties on maintained schools and local authorities to decide whether a child or young person in a maintained school has ALN and prepare an IDP Summary 9.2.1 This Chapter outlines the responsibilities of maintained schools and local authorities in making decisions about ALN and putting in place an IDP. In particular, the Chapter sets out when local authorities are required to make and review decisions in relation to ALN and IDPs, and the steps they should or must subsequently take. 9.2.2 Local authorities are able to provide centralist services to help support the identification of any ALN and to help support the child or young person to reach their potential. Introduction 9.2.3 IDPs may be prepared and maintained by local authorities, or maintained schools depending on the circumstances. 9.2.4 In most instances, where a maintained school has decided that the child or young person has ALN, the maintained school which the child or young person attends will be responsible for preparing and maintaining an IDP. 9.2.5 Local authorities will normally only prepare and maintain an IDP in instances where the child or young person’s needs are more severe or complex. The main exceptions are when a child is looked after or detained. Duty to prepare and maintain an IDP, including School Referrals to Local Authorities 9.2.6 Where a maintained school becomes aware that a child or young person may have ALN, it must decide whether or not that is the case, unless specific circumstances apply (see Chapter 7.2 for full detail). 74 9.2.7 Where the school has decided that the child or young person has ALN, it must prepare an IDP unless the school: considers that the child or young person has ALN that may call for ALP it would not be reasonable for it to secure, or that it cannot adequately determine the extent or nature of the ALN, or that it cannot adequately determine the ALP; and requests the responsible local authority to come to its own decision; 74 Section 9(1) and 9(3) of the Act. Page | 77

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