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Needs Code February 2017

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

Wales if the person is

Wales if the person is wholly or mainly resident in England and vice versa. 127 However, if a person would have been in the area of a local authority in Wales but for a placement at a residential institution in England in order to receive ALP, then the person remains in the area of the local authority in Wales, even if they live for most or all of the year at the residential institution in England and vice versa. 128 9.3.17 Similarly, if a local authority places a person for whom it is responsible in a residential institution in another local authority area within Wales in order to meet the person’s ALP, the placing local authority remains responsible. 9.3.18 This means that a FEI might be located in the area of a local authority other than the local authority which is responsible for one of its students. The Act includes provisions to help ensure that local authorities and FEIs work together in circumstances such as this. Circumstances in which no local authority decision is required 9.3.19 The duty to decide whether the young person has ALN will not apply in any of the following circumstances: An IDP is already being maintained for that young person; 129 the local authority has previously decided the issue and is satisfied that the person’s needs have not changed materially since that decision and there is no new information which materially affects that decision; 130 the young person does not consent to the decision being made; 131 Where the young person is enrolled at an FEI, is not dual registered and the FEI has not made a request for the local authority to consider whether the young person has ALN; 132 The young person is a detained person. 133 127 Sections 579(3A) and (3B). This definition applies to the Act: section 86(6) of the Act. 128 Section 579(3A) and (3B) as amended by section 82 of the Act. 129 Section 11(2)(a) of the Act. 130 Section 11(2)(b) of the Act. 131 Section 11(2)(d) of the Act. 132 Section 11(2)(e) of the Act. 133 Section 11(2)(f) of the Act. Page | 90

The Local Authority Decision on ALN – Next Steps 9.3.20 Where the local authority decides that the young person does not have ALN it must notify the young person of the decision and the reasons for that decision 134 . See Chapter 8 for more about this. Young People Enrolled at an FEI 9.3.21 Where a young person is enrolled as a student at an FEI, and a local authority makes a decision that the young person has ALN, they must prepare and maintain an IDP (unless the person does not consent) 135 . Other Young People 9.3.22 Section 12(1)(c)of the Act provides that the local authority must prepare and maintain an IDP for a young person who is not enrolled as a student at an FEI where it decides in accordance with regulations that this is necessary to meet the individual’s reasonable needs for education or training. The current intention is that the regulations will capture individuals with severe and/or complex needs that can only be met at an Independent Special Post- 16 Institution. Further guidance on this will be incorporated into the Code in due course. Local Authority Taking Over Responsibility for an IDP 9.3.23 FEIs, as well as young people, are able to request a local authority to take over responsibility for an IDP that is currently being maintained by the FEI. 136 9.3.24 A FEI might request the local authority to take over responsibility for maintaining an IDP where, for example, the FEI believes that it would no longer be reasonable for them to secure the ALP called for by a young person’s ALN. 9.3.25 Alternatively, a young person might request the local authority take over responsibility for an IDP where they do not believe the FEI has fully met their needs, or they believe they require further or alternative ALP. 9.3.26 Where the FEI has requested that the local authority consider taking over responsibility for maintaining an IDP, the local authority must inform the young person, and invite representations 137 . Where the request is from a young person, the local authority must inform the FEI and invite 134 Sections 11(3) of the Act. 135 Section 12(1)–(3) of the Act. 136 Section 26 of the Act 137 Section 26(4) of the Act. Page | 91

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