Q:
10.02 Can an LA/maintained school or FEI just cease to maintain (i.e. terminate) an IDP?
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 01 Nov 2024
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No
Complex
No. In the case of a maintained school or FEI, where the governing body has a duty to maintain an IDP, the governing body may cease to maintain the plan if it decides that the child or young person no longer has additional learning needs: s.31(5) ALNET.
In the case of a local authority which has a duty to maintain an IDP, the authority may cease to maintain the plan if the authority—
(a)decides that the child or young person no longer has additional learning needs, or
(b)in the case of a young person who is neither a registered pupil at a maintained school nor enrolled as a student at an institution in the further education sector in Wales, decides in accordance with regulations under section 46 that it is no longer necessary to maintain it to meet the young person's reasonable needs for education or training: s.31(6) ALNET.
In either of the above cases, before making such a decision, the governing body or LA must notify:
(a)the child or young person,
(b)in the case of a child, the child's parent, and
(c)in the case of a looked after child, the child's independent reviewing officer,
that it proposes to make such a decision: s.31(7) ALNET.
Once the decision has been made, the governing body or LA must notify the same persons of the decision and the reasons for it: s.31(8) ALNET. Further, the governing body of a maintained school must also notify the CYP and, in the case of a child, the child's parent of his or her right to request the LA to reconsider the matter under section 32: s.31(9) ALNET.
The ALN Code sets out further information that the notification must include, such as:
- Contact details for the school/FEI/LA,
- Information about how to access the LA’s arrangements for providing people with information and advice about ALN and the ALN system,
- Details of the LA’s arrangements about disagreements and its independent advocacy services,
- In the case of an FEI or LA decision, information about the right to appeal to Tribunal.
The Code also suggests that the notification should provide information about ongoing support that may be available to the CYP.
When deciding whether a CYP no longer has ALN, the relevant question is always whether the definition of ALN in section 2 and that of ALP in section 3 of ALNET are met at that time. Just because a CYP has an IDP, does not mean they will have or need one until they leave education.
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