PART 2ADDITIONAL LEARNING NEEDS

CHAPTER 2INDIVIDUAL DEVELOPMENT PLANS

Additional learning provision for looked after children

18Duty to decide whether a looked after child has additional learning needs

1

Where it is brought to the attention of, or otherwise appears to, a local authority that looks after a child that the child may have additional learning needs, it must decide whether the child has additional learning needs, unless any of the circumstances in subsection (2) apply.

2

The circumstances are—

a

an individual development plan is being maintained for the child under section 19;

b

the local authority has previously decided whether the child has additional learning needs and the local authority is satisfied that—

i

the child’s needs have not changed materially since that decision was made, and

ii

there is no new information that materially affects that decision;

c

the child is in the area of a local authority in England.

3

If the local authority decides that the looked after child does not have additional learning needs it must notify the child, the child’s parent and the child’s independent reviewing officer of—

a

the decision, and

b

the reasons for the decision.