Commentary on Sections of the Act

Part 2 – Additional Learning Needs

Chapter 2 – Individual Development Plans.
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.