PART 2ADDITIONAL LEARNING NEEDS
CHAPTER 2INDIVIDUAL DEVELOPMENT PLANS
Preparing and maintaining individual development plans
14Duties to prepare and maintain plans: local authorities
1
The duty in subsection (2) applies if a local authority is responsible for a child or young person and—
a
in the case of a child the local authority decides under section 13 that the child has additional learning needs,
b
in the case of a young person who is a registered pupil at a maintained school in Wales or enrolled as a student at an institution in the further education sector in Wales, the local authority decides under section 13 that the young person has additional learning needs, or
c
in the case of any other young person, the local authority—
i
decides under section 13 that the young person has additional learning needs, and
ii
decides in accordance with regulations under section 46 that it is necessary to prepare and maintain a plan under this section for the young person to meet his or her reasonable needs for education or training.
2
The local authority must—
a
prepare and maintain an individual development plan for that child or young person, or
b
if the child or young person is, or is to be, a registered pupil at a maintained school in Wales and the authority considers it appropriate—
i
prepare an individual development plan and direct the governing body of the school to maintain the plan, or
ii
direct the governing body of the school to prepare and maintain a plan.
3
But the duty in subsection (2) does not apply if the plan is about a young person and the young person does not consent to the plan being prepared or maintained.
4
A local authority that maintains an individual development plan for a child or young person who is a registered pupil at a maintained school in Wales may direct the governing body of the school to maintain the plan.
5
A local authority that prepares or maintains an individual development plan for a child or young person, or reconsiders a plan under section 27, must—
a
consider whether additional learning provision should be provided to the child or young person in Welsh, and
b
if it decides that a particular kind of additional learning provision should be provided in Welsh, specify in the plan that it should be provided in Welsh.
6
If the reasonable needs of a child or young person for additional learning provision cannot be met unless a local authority also secures provision of the kind mentioned in subsection (7), the authority must include a description of that other provision in the plan.
7
The kinds of provision are—
a
a place at a particular school or other institution;
b
board and lodging.
8
The duty in subsection (6)—
a
does not apply to a place at a particular school or other institution that is not a maintained school in Wales if the person or body responsible for admissions to the school or other institution does not consent;
b
is subject to the duties in sections 55, 56(3) and 59.
9
If the duty in subsection (6) applies to a local authority, it may not give a direction under subsection (2)(b) or (4).
10
Where a local authority maintains an individual development plan for a child or a young person, the authority must—
a
secure the additional learning provision described in the plan,
b
secure any other provision described in the plan in accordance with subsection (6), and
c
if the plan specifies that a particular kind of additional learning provision should be provided in Welsh, take all reasonable steps to secure that it is provided to the child or young person in Welsh.