PART 2ADDITIONAL LEARNING NEEDS
CHAPTER 2INDIVIDUAL DEVELOPMENT PLANS
Local authority reconsideration of governing body decisions and plans
I1I2I3I5I4I9I7I13I11I12I10I6I828Local authority duty to decide whether to take over governing body plans
1
Subsection (3) applies where—
a
a governing body of a maintained school or an institution in the further education sector maintains an individual development plan for a child or young person under section 12(1) or 12 (3) , and
b
any of the persons mentioned in subsection (2) requests the local authority responsible for a child or young person to consider taking over responsibility for maintaining the plan.
2
The persons are—
C4a
the child or young person,
C1b
in the case of a child, the child's parent, or
c
the governing body.
3
The local authority must decide whether it should take over responsibility for maintaining an individual development plan maintained by the governing body.
C2C54
Where a governing body makes the request, the local authority must inform the child or young person and, in the case of a child, the child's parent of the request and invite representations.
C2C55
Where a child, a child's parent or a young person makes the request, the local authority must inform the governing body of the request and invite representations from the governing body.
6
A local authority may decide to take over responsibility for maintaining a plan maintained by a governing body of a maintained school if it decides under section 27(6) that the plan should be revised.
C6C37
The local authority must notify the child or young person, in the case of a child, the child's parent, and the governing body of—
a
a decision under subsection (3) or (6), and
b
the reasons for the decision.
8
If the local authority decides to take over responsibility for maintaining the plan—
a
it is to be treated as maintained by the authority under section 14 for the purposes of this Part, and
b
the governing body is not required to maintain it,
from the date on which notice is given under subsection (7).