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Additional Learning Needs and Education Tribunal (Wales) Act 2018

Transfer of plans
Section 35 - Transfer of duties to maintain plans

97.Section 35 transfers the duty to maintain an IDP in the various situations set out. Generally, where a child or young person with an IDP transfers between maintained schools, or between a maintained school and an FEI, or moves from one local authority area to another, the IDP transfers/moves with them. Similarly, it deals with a child with an IDP becoming looked after or ceasing to be looked after.

Section 36 – Request to transfer plan to governing body of further education institution

98.Section 36 permits a local authority to request the governing body of an FEI to become responsible for maintaining an IDP for a young person, where that young person is enrolled at the FEI and the local authority currently maintains an IDP for him or her. If the governing body does not agree with the request within the period prescribed in regulations, section 36 permits the local authority to refer the matter to the Welsh Ministers for them to decide whether the governing body should maintain the plan. If the governing body agrees to the request, or if the Welsh Ministers determine that it should maintain the plan, then it is under a duty to do so (see section 12(4)).

Section 37 - Regulations about transfer of individual development plans

99.Section 37 enables the Welsh Ministers to make further provision in regulations on the matters listed in subsection (1) which are all about transfers of duties to maintain IDPs. This includes providing for further transfers (besides those in section 35) between the bodies with responsibility for IDPs under the Act in specific circumstances and provision related to local authorities requesting FEIs to take over an IDP and referring the matter to the Welsh Ministers for them to determine (under section 36).

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