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• 01 Nov 2024

• Yes

  Complex

  Generally, yes, but there are exceptions. Where it has been identified that a CYP has ALN then an IDP must be prepared: ss 12(1) and 14 (2) ALNET. 

  Exceptions. A CYP with ALN will not have an IDP where:

  • They are a YP and do not consent to an IDP being maintained: ss 12(2)(b) and 14(3) ALNET. (A YP means a person above compulsory school age but under 25.)
  • An LA in England should be responsible for the CYP or already maintaining an EHCP for the CYP: ss 12(2)(c) and (d)
  • Provision for the CYP’s ALN is still being made under the old SEN system: More: Chapter 15: Moving between SEN and ALN
  • In the case of YPs who are not in enrolled in a maintained school or FEI, an IDP will only be prepared where certain conditions are met. More: >04.12 When is it necessary to prepare and maintain an IDP for a Young Person? 

  This is different from the previous SEN system where only learners with the most severe/complex needs had legally enforceable ‘statements’ (SSEN) setting out the support they are entitled to. The remaining majority of those learners who were identified as having SEN had (at best) more limited non-enforceable non-statutory plans.

  

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

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