Q:
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 01 Nov 2024
-
Other
Complex
Can't answer yes or no.:
If a CYP is enrolled at a maintained school or further education institution, the starting point would be to ask the maintained school or FEI to decide whether the CYP has ALN.
Where it is brought to the attention, or otherwise appears to a maintained school or FEI that a CYP may have ALN they must gather information and make a decision, unless certain exceptions in s 11(3) ALNET apply or the CYP is a looked after Child (s 11 (5) ALNET): ss.11(1) & (2). The school must give notification of their decision promptly to the parent and child, and their reasons for that decision (s 11 (4) ALNET). This should be given no later than 35 school days from the school being made aware that a CYP may have ALN (paras 12.12 and 12.21 ALN Code 2021), or 35 days term time in the case of an FEI (para 16.16 ALN Code 2021).
Nodi glossary: Looked after Child
In all other cases it will usually be an LA who must decide whether a CYP has ALN: s.13(1) ALNET (general), s.18(1) ALNET (Looked after child) s.40(2)(a) ALNET (detained persons), unless certain exceptions apply, under ss.13(2), 18(2) and 41(2)(a) ALNET. Where it is the LA’s responsibility to decide, notification of the decision must be given within 12 weeks (paras 11.17 and 11.24 ALN Code 2021).
The main exceptions to the duty to decide whether a CYP has ALN include:
- Where a Young Person does not consent to the decision being made about them ss.11(3)(c), 13(2)(d), 41(2)(a) ALNET.
- A previous decision on whether the CYP has ALN has already been taken and:
- The CYP’s needs have not materially changed since that decision was made; and
- There is no new information that affects that decision.
- Where an IDP or EHCP is already being maintained and it has therefore already been decided that a CYP has ALN.
|
Comment