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Needs Code February 2017

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

easonable steps to

easonable steps to secure that the ALP called for by the child’s or young person’s needs is made. 115 9.2.51 This might occur, for instance, when a school has requested a local authority to come to its own decision under section 11 and the IDP is still being developed by the local authority, or where the child or young person resides in England and, following a request by the school, the English local authority is doing an EHC needs assessment or preparing an EHC plan. 116 9.2.52 This helps ensure that the child’s or young person’s needs are still met even though they do not have an IDP at this time. 115 Section 41(1) and (2) of the Act. 116 Where this is occurring, the duty on the school to prepare an IDP does not apply: section 10(2)(c) of the Act. Page | 86

Chapter 9.3: Duties of FEIs and local authorities to decide whether the young person has ALN and prepare an IDP Summary 9.3.1 This Chapter outlines the responsibilities of FEIs and local authorities in making decisions about ALN and IDPs for young people. In particular, the Chapter sets out when local authorities might be required to make decisions in relation to ALN and IDPs, more widely than just in FEIs. 9.3.2 Local authorities are able to provide centralised services (for example educational psychologists) to help support the identification of any ALN by FEIs and to help support the child or young person to reach their potential. Introduction 9.3.3 In most instances, where it comes to the attention of an FEI that one of its students might have ALN, the FEI will be responsible for deciding whether the young person does have ALN and preparing and maintaining an IDP. 9.3.4 Local authorities will only have these duties if the FEI has requested it to decide the matter (which will normally only be in instances where the young person’s needs are more severe or complex), 117 if the student is dualregistered, 118 or if the student is a detained person. 119 Local authorities may also take over responsibility from an FEI for maintaining an IDP. 120 FEIs’ duties to prepare and maintain an IDP, including FEI Referrals to Local Authorities 9.3.5 Where a FEI becomes aware that a young person who is one of its students may have ALN, it must decide whether or not that is the case, unless specific circumstances apply (see Chapter 8 for full detail). 121 9.3.6 Where the FEI has decided that the young person has ALN, it must prepare an IDP unless: 122 The FEI: 117 Under section 10(2)(a) of the Act. 118 Sections 9(3)(d) and 28(1) and (2) of the Act. 119 Section 9(3)(e), section 37 (duty to decide on the home local authority) and section 39 (duty to keep, rather than maintain, IDP for detained person) and section 40 (duty on local authority to maintain IDP upon release of detained person) of the Act. 120 Section 26 of the Act. 121 Section 9(2) and (3) of the Act. 122 Section 10(2) of the Act. Page | 87

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