Sort

• 01 Nov 2024

• Other

  Complex

  Can't answer yes or no.:

  Where a maintained school or FEI decides that a CYP has ALN, it is the maintained school or FEI that must issue the IDP unless the circumstances in s.12(2) ALNET apply. In particular, the maintained school or FEI can refer the CYP to the LA where it considers that (s.12(2)(a) ALNET):

  • The maintained school or FEI is not able to adequately determine the CYP’s ALN or ALP; or
  • The CYP’s ALN, may call for ALP it is not reasonable for the maintained school or FEI to secure.
  • If the CYP is resident in England, the maintained school or FEI can instead request the LA responsible for the CYP to secure an EHCP: s.12(2)(c) ALNET. A maintained school or FEI is not obliged to produce an IDP where an EHCP is already being maintained for the CYP: s.12(2)(d) ALNET.

  In addition, a CYP or child’s parent can also request that the LA take over responsibility for maintaining an IDP, which is maintained by a maintained school: s.28(2) ALNET. Where this request is made the LA must inform the CYP, parent of a child, school and FEI and invite representations. It must decide whether to take over responsibility for maintaining the Plan usually within 7 weeks from receiving the request unless it is unable to do so before the end of that period due to circumstances beyond its control: s.28 ALNET and para 26.30 ALN Code 2021.

  Where an LA decides that a CYP has ALN it is usually responsible for issuing an IDP: s.14 ALNET. BUT where a CYP is registered at a maintained school or FEI in Wales, the LA can direct the maintained school or request an FEI to prepare and/or maintain the plan if it considers it “appropriate” to do so: s.14(2) ALNET. If the governing body does not agree to the request within a prescribed period, the LA may refer the matter to the Welsh Ministers: s. 36(3) ALNET & para 28.21 – 28.29 ALN Code 2021. 

  The LA is also not required to produce an IDP in the case of a young person (a person who would normally be in yea 12 or above, but under 25: s 99(1) ALNET) where it is not necessary to do so: s.14(1)(c)(ii) ALNET. 

  More: >04.12 When is it necessary to prepare and maintain an IDP for a Young Person? 

  

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

0 This is helpful

|

Comment

Post