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• 01 Nov 2024

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  An LA - or in the case of a Young Person not registered at a maintained school (s.a. FEI or specialist college placement) the body preparing or maintaining the IDP - can make a referral to an NHS body asking it to consider whether there is any relevant treatment or service that is likely to be of benefit in addressing the ALN of the CYP: s 20 ALNET & para 21.24 – 21.39 ALN Code 2021.

  Where such a referral is made the NHS body must consider whether there is a relevant treatment or service that is likely to be of benefit in addressing the CYP’s ALN: s.20(4) ALNET. 

  Where the NHS body identifies such a treatment or service:

  • It must inform the body preparing the IDP and this must then be included in section 2C: s.21 (1) – (3) ALNET.
  • The NHS body is responsible for securing this treatment or service for the CYP (s.20(5) ALNET) and so the IDP should specify this in section 2C.4: para 21.34 ALN Code 2021.
  • The NHS body also must decide whether the treatment or service should be provided in Welsh, and (if so) take all reasonable steps to secure that the treatment or service is provided in Welsh: s.20(5) ALNET. 
  • The description of this ALP must not be removed from the IDP or revised except on review of the IDP and with the agreement, or at the request, of the NHS body: s.21(6) ALNET. 
  • The MAINTAINED SCHOOL OR FEI or LA has no duties in relation to securing the provision an NHS body is responsible for: s.21(5) ALNET. 

  The LA also has the power to request information or other help for the purpose of exercising its ALN functions from various bodies including other LAs in England and Wales and NHS Bodies in England or Wales. Section 65 ALNET sets out that this request must be complied with unless doing so would be incompatible with the body’s own duties or otherwise adversely affect the body’s exercise of its functions.

  

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

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