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PART 2ADDITIONAL LEARNING NEEDS

CHAPTER 2INDIVIDUAL DEVELOPMENT PLANS

Local authority reconsideration of governing body decisions and plans

26Reconsideration by local authorities of decisions under section 11(1)

(1)Subsection (2) applies where—

(a)a governing body of a maintained school has made a decision about a registered pupil under section 11(1) or has refused to make a decision under that section, 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 matter.

(2)The local authority must decide whether the child or young person has additional learning needs.

(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)For the purposes of this Part, a decision under subsection (2) is to be treated as a decision under section 13(1).

(5)Where a local authority makes a decision under subsection (2), the previous decision of the governing body under section 11(1) ceases to have effect.