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• 01 Nov 2024

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  Yes. Health and social care support that does into meet the definition of ALP should not go in an IDP. Support to meet health and social care needs may be set out in other documents such as:

  • An Individual Healthcare Plan produced in accordance with the Welsh Government Guidance: Supporting Learners with Healthcare Needs WG31248 (gov.wales) issued under s.176 of the Education Act 2002. 
  • Issuing a care and support plan under s.54: Social Services and Well-Being (Wales) Act 2014. A care and support plan must usually include a record of the arrangements made to meet the child's needs in relation to education and training (a “personal education plan”) and any individual development plan maintained for the child under section 19: Additional Learning Needs and Education Tribunal (Wales) Act 2018 must be incorporated within the personal education plan: s.83 Social Services and Well-Being (Wales) Act 2014. 

  Statutory guidance encourages IDPs, IHPs and care and support plans to be reviewed together where it would be beneficial to do so: para 25.14(g) ALN Code 2021. 

  An IDP must be reviewed where:

  • it contains ALP that an NHS body is required to secure under s.20 ALNET and the NHS body asks for the IDP to be reviewed: s.23(7) & 24(6) ALNET. 
  • the child in question becomes looked after by the LA: s.24(9) ALNET & s.83 of the Social Services and Well-being (Wales) Act 2014.

  The ALN Code sets out that relevant information from health and social services should be sought for the purpose of determining what ALN a CYP has and what ALP is required to meet those needs where the circumstances require it: para 20.20 ALN Code 2021. Furthermore, other agencies and professionals should be invited to meetings about determining ALN or producing/reviewing IDPs where they are likely to make a relevant contribution: para 22.17 ALN Code 2021. 

  More generally:

  The ALN Code encourages LAs to link reviews of arrangements for CYPs with ALN with the carrying out of wider strategic duties such as assessments of care and support needs by LAs and Local Health Boards: paras 7.15 & 7.25 ALN Code 2021. Such reviews require Health and Social services to be consulted: para 7.13 ALN Code 2021. 

  ALNCOs in maintained schools or FEIs are required to act as a key point of contact for the relevant local authority’s inclusion and support services, external agencies, independent/voluntary organisations, health and social care professionals, educational psychologists: para 8.21 ALN Code 2021. 

  Local Health Boards must appoint a Designated Education Clinical Lead Officer (DECLO) to have responsibility for co-ordinating the health board’s functions in relation to children and young people with ALN (s.61 ALNET) and have specific obligations to collaborate with others: para 9.10 – 9.12 ALN Code 2021. The DECLO should have oversight over any complaint or dispute relating to the local health board’s functions under ALNET: para 9.17 ALN Code 2021

  LAs, maintained schools and FEIs considering whether a CYP has ALN need to consider whether the evidence points to other underlying needs and not ALN and if so, whether there are other ways to support the child or young person’s needs and other services which need to be involved in the child or young person’s life such as an educational psychologist, education welfare services, social services or health bodies: 20.11 ALN Code 2021. 

  More: Chapter 08: IDP Section 2C: the description and delivery of ALP to be secured by an NHS body

   

  

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

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