PART 2ADDITIONAL LEARNING NEEDS

CHAPTER 2INDIVIDUAL DEVELOPMENT PLANS

Local authority reconsideration of governing body decisions and plans

27Reconsideration by local authorities of plans maintained under section 12

1

Subsection (2) applies where—

a

a governing body of a maintained school maintains an individual development plan for a registered pupil under section 12(1) or 12 (3) , and

b

the child or young person or, in the case of a child, the child’s parent requests the local authority responsible for the child or young person to reconsider the plan with a view to it being revised.

2

The local authority must reconsider the plan and decide whether or not to revise the plan.

3

Before it makes its decision, the local authority must inform the governing body of the request and invite representations from the governing body.

4

If the local authority decides that the plan should not be revised it must notify the child or young person and, in the case of a child, the child’s parent of—

a

the decision, and

b

the reasons for the decision.

5

The local authority must give a copy of a notification under subsection (4) to the governing body.

6

If the local authority decides that the plan should be revised, or is ordered to revise it by the Education Tribunal for Wales, it must prepare a revised plan and either—

a

direct the governing body to maintain it, or

b

exercise the power in section 28(6) to take over responsibility for maintaining the plan.

7

The local authority must give a copy of the revised plan to the governing body (for provision about others to whom a copy must be given, see section 23(11)).