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• 01 Nov 2024

• No

  Complex

  No. Provided that the child is not a ‘looked after child’, the LA has the power to direct that the maintained school in Wales prepare or maintain the plan under ss.14(2)(b) or (4) ALNET. 

  This should be contrasted with the duty to name a school, institution board of lodging in sections 2D.2/3 IDP under s.14(6) where the LA is specifically precluded from transferring the duty to prepare and/or maintain the IDP: s.14(9) ALNET. If it had been intended that duties to prepare and maintain could not be transferred in relation to s.48 ALNET Nodi considers that this would have been clearly set out in the Act as it is in s.14.  

  The LA is obliged to prepare and maintain an IDP for a looked after child whether a school is named in section 2D.1 or not. 

  

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

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