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Needs Code February 2017

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

the person is a young

the person is a young person who does not consent to the plan being prepared; the child or young person is in the area of a local authority in England and the school requests that local authority to secure an EHC needs assessment for the child or young person 75 ; A local authority in England maintains an EHC plan for the child or young person. 9.2.8 The school must then maintain the IDP unless the IDP is for a young person who does not consent to it being maintained or a local authority in England is then maintaining an EHC plan for the child or young person. See also Chapter 15 for other circumstances in which the duty on to maintain an IDP ceases. 9.2.9 A school might consider that it would not be reasonable for it to secure the ALP, depending on the circumstance of the school (i.e. its location, size, budget etc.), for example, where the child or young person: has a low incidence condition / rare condition which requires specialism that the school cannot provide; requires regular advice and support from external agencies which is over and above that which can be reasonably arranged and accessed by the school; requires equipment which can only be used by one child or young person / can not be reused / is beyond the reasonable resources of the school; or, requires very intensive daily support which can not be reasonably funded or secured by the school’s budget. 9.2.10 Before referring a case to the local authority the school should consider consulting an educational psychologist to see whether this is appropriate. Where a case is referred to a local authority in this way, the local authority’s duties under section 11 of the Act (set out in detail later in this Chapter) will apply. 9.2.11 Where a school refers an ALN decision to the local authority, it should provide the local authority with any information it holds about the child or young person which would support the local authority’s determination of whether or not the child or young person has ALN. This includes any action already taken to meet the needs of the child or young person, such as any resources or special arrangements put in place. It would also include any existing reports or written advice received from external agencies. 9.2.12 Upon referral the local authority must engage with an educational psychologist. 75 Under section 36(1) of the Children and Families Act 2014 Page | 78

Example of good practice Having considered the matter, a school decides that the child has ALN. The school considers how they are going to meet the child’s needs. The school believes that the child is likely to require very expensive equipment which can only be used by the individual child in this case and that it is beyond the resources of the school to purchase it. The school also believe that the child requires regular advice and support from external agencies which is over and above that which can be reasonably arranged and accessed by the school. They seek the advice of an educational psychologist who recommends other strategies which can be implemented. It is also determined in discussion with the education psychologist that the child’s needs call for ALP that it would not be reasonable for the school to secure. The school therefore refer the matter to the local authority. The local authority’s ALN team consider the matter. The ALN Team forwards the request to their ALN Resource Panel, which meets once every half term and comprises representatives from the local authority’s ALN Team including managers, advisory teachers, educational psychologists, finance officers, school representatives (headteachers and ALNCos) and representatives from other agencies such as the Third Sector, social services and the LHB. The school provides evidence of what support, including any current/previous IDPs containing the ALP they have provided and the effect of the support/ALP provided. The panel considers the evidence presented by the school, together with any assessment or information provided from auxiliary services or external agencies. The local authority agrees the child has ALN. The local authority must then determine if the child requires additional support in the form of ALP that is beyond that which the school can reasonably provide. If so, they then determine whether to allocate additional resources from the central budget and/or directly provide the ALP. The local authority will also decide whether to instruct the school to prepare and maintain the IDP, prepare an IDP and instruct the school to maintain it or take over responsibility for preparing and maintaining the IDP(As part of the process the local authority and the school agree their respective roles, responsibilities and funding arrangements. Local Authorities’ duty to decide whether a child or young person has ALN under Section 11 9.2.13 Local authorities may be required to decide whether or not a child or young person has ALN in other circumstances, without the need for a referral from a school. Page | 79

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