Q:
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?
Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
01 Nov 2024
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 01 Nov 2024
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Other
Complex
Can't answer yes or no.:
There is no right of appeal against a decision by the LA to direct that a maintained school prepare/maintain an IDP under s.14(2) ALNET.
However, the governing body of the maintained school, the CYP or parent of a child may request that the LA take over the plan under s.28 ALNET. A CYP or Child’s parent can appeal against a decision of the LA to refuse to take over the plan: s.28(2)(i) ALNET.
There is no obligation on the LA to consider taking over the IDP where the LA has previously considered a request by the CYP/Parent/maintained school and the CYP’s needs have not materially changed and there is no new information which would materially affect the decision: s.29 ALNET.
BUT, a CYP or Child’s parent can also appeal against a decision of the LA to refuse to decide to take over the plan under s.29 ALNET: s.28(2)(l) ALNET.
Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
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