Q:

03.16 Are there rules for determining which maintained school/FEI or LA is responsible for ensuring the ALP is made?

Nodi No-nonsense Guide to ALN law in Wales ALN 03 Who is responsible for CYPs who have/may have ALN?
Nodi No-nonsense Guide Wales

Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
01 Nov 2024

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  • 01 Nov 2024

  • Yes

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    Yes. The body responsible will be the one responsible for maintaining the IDP/EHCP:

    • The governing body of a maintained school FEI must secure the ALP for an IDP it maintains: s.12(7) ALNET.
    • The LA must secure the ALN in an IDP it maintains: s.14(10) ALNET.  

    However, where an IDP is being maintained by an LA, maintained school or FEI at which the CYP is registered, must also take all reasonable steps to help the LA secure the ALN specified in the IDP: s.47(5) ALNET. 

    The exception to this is where an NHS body is required to secure provision in the IDP under ss.20 & 21 ALNET. 

    More: >08.01 Can NHS bodies be made responsible for delivering ALP?

     

    Nodi No-nonsense Guide Wales

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

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