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Needs Code February 2017

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

9.2.34 A local authority

9.2.34 A local authority is not required to reconsider an IDP put in place by a maintained school in Wales where the local authority has previously made reconsidered the child or young person’s plan and is satisfied that the child’s or young person’s needs have not changed materially since that previous decision and there is no new information that would materially affect that decision. 102 9.2.35 A local authority is also not required to reconsider an IDP put in place by a maintained school where the request relates to a child who has become looked after by a local authority or who has become detained. 103 Local Authority Taking Over Responsibility for an IDP 9.2.36 Maintained schools, as well as children, their parents and young people, can request that a local authority take over responsibility for an IDP that is currently being maintained by a school. 104 9.2.37 A school might request the local authority to take over responsibility for maintaining an IDP where, for example, the school believes that it would no longer be reasonable for them to secure the ALP called for by a child or young person’s ALN. 9.2.38 The school may wish to consider consulting an educational psychologist where they are planning on requesting the local authority to take over responsibility for maintaining an IDP to see if this is appropriate. 9.2.39 A child, child’s parent or young person might request the local authority to take over responsibility for an IDP where they do not believe the school is capable of fully meeting their needs, or they believe they require further or alternative ALP the school cannot provide. 9.2.40 Where the school has requested that the local authority consider taking over responsibility for maintaining an IDP, the local authority must inform the child and their parent, or the young person, and invite representations 105 . Where the request is from a child, child’s parent or young person, the local authority must inform the school and invite representations 106 . These processes ensure that all parties with an interest in the issue are able to feed into the local authority’s decision. 9.2.41 The local authority must then decide whether to take over responsibility for maintaining the plan. Upon referral to the local authority, the local authority must consult an educational psychologist. 102 Section 27(2) of the Act. 103 Section 27(2) of the Act. 104 Section 26 of the Act. 105 Section 26(4) of the Act. 106 Section 26(5) of the Act. Page | 84

9.2.42 A local authority can also decide to take over responsibility for maintaining a plan when it determines that a plan should be revised. 107 9.2.43 A child and their parent, or young person and the school must be informed of any local authority decision on the issue, and given reasons for it 108 . 9.2.44 Where a local authority decides not to take over responsibility following a request, the child and/or their parent or the young person may appeal this decision to the Education Tribunal 109 . 9.2.45 Where the local authority decides to take over responsibility, from the date of receiving notification, the school is no longer required to maintain the plan. 110 When the local authority decides to take over responsibility, the school should provide all necessary information to the local authority. 9.2.46 A local authority is not required to decide whether to take over responsibility for an IDP where the local authority has previously made such a decision in relation to the child or young person’s plan and is satisfied that the child’s or young person’s needs have not changed materially since that previous decision and there is no new information that would materially affect that decision. 111 9.2.47 A local authority is also not required to decide whether to take over responsibility where the request relates to a child who has become looked after by a local authority or has become detained. 112 Maintained School’s Duties related to securing ALP 9.2.48 A school or local authority which maintains an IDP must secure the ALP described within it. 113 Where an IDP specifies ALP should be provided in Welsh they must take all reasonable steps to provide it in Welsh. 9.2.49 If the IDP is maintained by a local authority, the maintained school in Wales attended by the child or young person must take all reasonable steps to help the local authority to secure the ALP specified in it. 114 9.2.50 However, child or young person has ALN, but does not have an IDP, the school must, in exercising its functions in relation to the school take all 107 Section 26(6) of the Act. 108 Section 26(7) of the Act. 109 Section 63 of the Act. 110 Section 26(8) of the Act. 111 Section 27(2) of the Act. 112 Section 27(2) of the Act, though the local authority may be subject to other duties in these situations 113 Sections 10(6) and 12(10) of the Act respectively. 114 Section 41(3) and (4) of the Act. Page | 85

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