Q:
09.55 What happens if a child’s IDP is being maintained by a maintained school or FEI and EOTIS is then arranged?
Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
01 Nov 2024
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 01 Nov 2024
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Complex
Can't answer yes or no.:
If the pupil remains registered at the school while receiving EOTIS as a registered pupil then the school can continue to maintain the IDP, unless the school considers that it would not be reasonable for the maintained school or FEI to secure the ALP the child requires: s.12(2) ALNET. Attending provision provided by the school as part of a bespoke package outside a conventional classroom setting will still mean that the school is to be attended by the child: NN v Cheshire East Council (SEN) [2021] UKUT 220 (AAC). This could be the case where for example weekly attendance at a therapeutic farm setting is considered appropriate ALP.
If the child ceases to be registered at a school (s.31(1) ALNET) or becomes registered at more than one school (s.30(2) ALNET), then a maintained school or FEI will need to refer the child to the LA will need to take over responsibility for the IDP: para 18.12 & 18.13 ALN Code 2021.
Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
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