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• 01 Nov 2024

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  To ensure continuity an IDP usually moves with the CYP. ALNET places a duty to transfer the IDP in the following cases:

   

  1. an in-year move between maintained schools: s.35(1) and (3) ALNET- in such cases the new school must maintain the IDP unless it is a dual registration case in which case the IDP transfers to the LA: para 12.88 ALN Code 2021. 
  2. a move into a maintained school at the start of an academic year, having been in another one in the previous year – in such cases the new school; must take over the IDP: section 35(2) & (3) ALNET.
  3. a move into an FEI at the start of an academic year, having been at a maintained school in the previous year - the FEI must maintain the IDP where this was being maintained by the school on the last day of education or training provided to the pupil at that school: s.35(4) & (6) ALNET. 
  4. a child or young person becomes dual registered – the LA responsible for the CYP must take over the IDP: para 28.11 ALN Code 2021. 
  5. Where a CYP has an IDP maintained by an LA then moves their main residence to another LA, the IDP should transfer to the new LA: s.35(7) & (8) ALNET.
  6. a child becomes looked after the LA must maintain the IDP: s.35(11) – (13) ALNET.
  7.  a child or young person ceases to be looked after: please see paragraphs 28.17 – 28.20 ALN Code 2021; and
  8. from a local authority to an FEI by agreement or following determination by the Welsh Ministers: see paragraphs 28.21 to paragraph 28.28 of the ALN Code 2021. 

   

  A few other situations involve the transfer of responsibility for an IDP but these are dealt with elsewhere as follows: 

  • a transfer of responsibility from a local authority to a maintained school following the local authority directing the school to maintain it More: >03.11 Who is responsible for deciding whether a child in nursery has ALN?  >03.14 When would it not be appropriate for an LA to direct that a maintained school prepare and/or maintain an IDP? >03.15 What if the maintained school,  parent (of a Child) or CYP disagrees with the LA’s decision that the IDP should be prepared / maintained by a maintained school?   
  • a local authority’s decision to take over responsibility for a plan maintained by a school or FEI, following a request that it consider doing so, in the course of reconsidering an IDP maintained by a school, or following an order of the Tribunal: More: >03.11 Who is responsible for deciding whether a child in nursery has ALN?  >03.15 What if the maintained school,  parent (of a Child) or CYP disagrees with the LA’s decision that the IDP should be prepared / maintained by a maintained school?  
  • In some detention situations, including detention under Part 3 of the Mental Health Act 1983 – see Chapter 19.

   

  

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

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