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• 01 Nov 2024

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  Where a young person is enrolled at a maintained school or FEI, the duty is the same as that applicable to a child, i.e. where it is determined that a young person enrolled at a maintained school or FEI has ALN, then an IDP must be prepared and maintained.

  In the case of a YP who is not enrolled at a maintained school or FEI, the duty to prepare and maintain an IDP arises when the local authority decides (s.14(c) ALNET):

  1.  That the young person has ALN, and 
  2. That it is necessary to prepare and maintain a plan for the YP to meet his or her reasonable needs for education or training. 

   

  The YP will be deemed to have reasonable needs for education or training if the duration of the suitable programme of study that it is proposed the YP undertake, or continue to undertake, together with any further education or training to be undertaken, is not more than 2 years: Regulation 9(1), ALN Regs 2021. 

  The LA may determine that the YP has reasonable needs for education or training if any of the following circumstances apply: Regulation 9(2) ALN Regs 2021:

  • The duration of the suitable programme of study that it is proposed the YP undertake is intended to take place over a period of more than 2 years: paragraph 3(1) Schedule 1 ALN Regs 2021;
  • The YP has been unable to complete a programme of study within the programme’s duration as intended at the outset and it is proposed to extend the programme to enable to YP to meet the desired outcomes: paragraph 4(1) Schedule 1 ALN Regs 2021;
  • The programme of study that it is proposed the YP undertake is additional to further education or training which the YP has already undertaken: paragraph 5(1) Schedule 1 ALN Regs 2021;
  • The circumstances are substantially similar to the three scenarios described above: paragraph 6(1) Schedule 1 ALN Regs 2021. 

  In deciding whether the YP has reasonable needs for education or training in any of the scenarios described above (i.e. where the LA may decide the YP has reasonable needs for education or training) the LA must take into account the factors identified in paragraphs 3(2), 4(2), 5(2) and 6(2) of Schedule 1 of the ALN Regs 2021. 

  Where the LA decides that the YP does not have reasonable needs for education or training, it is essentially finding that it is not necessary to prepare and maintain an IDP for a YP. The LA must notify the YP of the decision and the reasons for the decision (Regulation 10(2) ALN Regs 2021). The decision must be made promptly and in any event before the end of the period of 12 weeks beginning with the day after the day on which the YP consented to the decision being made. 

  

  Nodi No-nonsense Guide Wales
  Authors: Civitas Law education team

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