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Needs Code February 2017

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

considers that the young

considers that the young person has ALN that may call for ALP it would not be reasonable for it to secure, or 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 under section 11(1); the young person who does not consent to the plan being prepared; the young person is in the area of a local authority in England and the FEI requests the authority to secure an EHC needs assessment 123 ; A local authority in England maintains an EHC Plan for the young person. 9.3.7 The FEI must maintain the IDP. The exceptions to this are where the young person does not consent (at any stage) to the plan being maintained or, if the young person is in the area of a local authority in England, that local authority subsequently maintains an EHC plan for the person. See also Chapter 15 for other circumstances in which the duty on an FEI to maintain an IDP ceases. 9.3.8 A FEI might consider that it would not be reasonable for it to secure the ALP depending on the circumstances of the FEI (i.e. its location, size, budget etc. for example) where the young person: has a low incidence condition which requires specialist knowledge or support that the FEI cannot reasonably provide; requires regular advice and support from external agencies which is over and above that which can be reasonably arranged and accessed by the education institution; requires equipment which can only be used by one young person / can not be reused / is beyond the reasonable resources of the FEI; or, requires very intensive daily support which can not be reasonably funded or secured by the FEI’s budget. 9.3.9 Before referring a case to the local authority the FEI 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. 9.3.10 Where a FEI refers an ALN decision to the local authority, it should provide to the local authority any information it holds about the young person 123 Under section 36(1) of the Children and Families Act 2014. However, if the English LA subsequently informs the FEI that it is not required to secure an EHC plan for the child (whether or not it has undertaken an EHC needs assessment), the FEI must prepare and maintain an IDP for the young person (subject to that person not consenting, or an EHC plan subsequently being maintained): section 10(4). Page | 88

which would support the local authority’s determination of whether or not the young person has ALN. This includes any action already taken to meet the needs of the 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. 9.3.11 Where an FEI refers the matter to the local authority, we expect that the FEI will work with the local authority to help the local authority carry out their duties. Where the local authority is maintaining an IDP for a young person enrolled at an FEI, the FEI must take all reasonable steps to help the local authority to secure the ALP specified in it. 124 Local Authorities’ duty to decide whether a young person has ALN under Section 11 9.3.12 Local authorities may be required to decide whether or not a young person has ALN in other circumstances, without the need for a referral from an educational institution. 9.3.13 Where it is brought to the attention of, or appears to, a local authority that a young person for whom it is responsible may have ALN, and an IDP is not being maintained for that person, the local authority must decide whether the individual has ALN (unless any of the circumstances below apply). 125 This duty is broken down below. ‘Brought to the attention of / appears to’ 9.3.14 An individual’s case could be brought to the attention of a local authority in a number of ways. The below list of potential scenarios is not exhaustive: A young person has made a direct request to the local authority A third party, for example a friend or family member, has alerted the local authority that they consider the young person may have ALN. Individuals for whom the Local Authority is responsible 9.3.15 A local authority is responsible for a young person in its area. 126 This is usually the local authority in whose area the person resides – and it will be clear which local authority this is in the vast majority of cases. 9.3.16 For cases with a cross-border element, the Education Act 1996 partially defines the term – a person is not in the area of a local authority in 124 Section 41(4) of the Act. 125 Section 11 126 Section 86(4). Page | 89

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