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Needs Code February 2017

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

Act and subject to its

Act and subject to its exceptions. See Chapter 22 for more about looked after children. 9.2.21 A local authority also has a duty to take a decision as to whether a child or young person has ALN under section 24 of the Act as a reconsideration of a maintained school governing body decision on the matter (or refusal to make such a decision). That local authority decision is then appealable to the Education Tribunal. 91 The Local Authority Decision on ALN – Next Steps 9.2.22 Where the local authority decides that the child or young person does not have ALN it must notify the child and their parent, or the young person, of the decision and the reasons for that decision 92 . In the case of looked after children the independent reviewing officer must be notified. See Chapter 8 for more about this. 9.2.23 Where the local authority decides that a child or young person has ALN, the next steps will depend on the circumstances of the case, as set out below. The following is relevant to decisions under section 11 and reconsideration decisions under section 24. Children and Young People attending or to attend a maintained school 9.2.24 Where a child or young person attends a maintained school [in Wales], the local authority must either: prepare and maintain an IDP; prepare an IDP and direct the school to maintain it; or direct the school to both prepare and maintain an IDP 93 unless, in the case of a young person, the young person does not consent. 94 9.2.25 A local authority might direct a maintained school where they consider that it would be appropriate. If the maintained school is in a different local authority’s area, the local authority must first consult that other local authority about its proposal to direct the school. 95 9.2.26 However, if the IDP includes other provision under section 12(6) (a place at a particular school or other institution, or board and lodging provision, or any other provision that may be prescribed in regulations), the local 91 Section 63 of the Act 92 Sections 11(4) of the Act. 93 Section 12(2) of the Act. 94 Section 12(3). 95 Section 35 of the Act. Page | 82

authority must prepare and maintain it – it cannot direct a school to do so 96 . Please also see Chapter 10 on preparing an IDP. 9.2.27 Further, if a decision of this type is taken following a reconsideration of a maintained school’s original decision (that is, the local authority has been asked to look at the matter by a child, their parent or a young person), the local authority decision will replace the maintained school’s decision 97 . Children attending or to attend a non-maintained setting 9.2.28 Where the decision relates to a child who is not attending a maintained school in Wales, the local authority must prepare and maintain an IDP 98 . Local Authority Reconsideration of Maintained School IDPs 9.2.29 Section 25 of the Act sets out the circumstances in which a local authority must reconsider an IDP maintained by a maintained school in Wales. A child, child’s parent or young person may request that a local authority reconsiders an IDP, with a view to it being revised. This provides children, their parents and young people with an effective means of challenging the content of the IDP put in place for them by the school. 9.2.30 Where such a request is made, the local authority must inform the school and invite representations from it before the local authority decides whether to revise the IDP 99 . 9.2.31 If the local authority determines not to revise the IDP the local authority must notify the child and the child’s parent, or the young person, of the decision and the reasons for it 100 . 9.2.32 If the local authority decides that the IDP needs to be revised, the local authority must prepare a revised plan and either: direct the school to maintain it; or, take over responsibility for maintaining it (see further below) 101 . 9.2.33 The local authority should direct a maintained school to maintain the IDP where it considers that the content of the IDP can reasonably be expected to be delivered by the school. Where this would not be reasonable, the local authority should take over responsibility for maintaining the plan. 96 Section 12(9) of the Act. 97 Section 24(5) of the Act. 98 Section 12 of the Act. 99 Section 25(3) of the Act. 100 Section 25(4) of the Act 101 Section 25(5) of the Act. Page | 83

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