PART 2ADDITIONAL LEARNING NEEDS

CHAPTER 2INDIVIDUAL DEVELOPMENT PLANS

Ceasing to maintain plans

32Reconsideration by local authorities of decisions of governing bodies under section 31

1

Subsection (2) applies where—

a

a child, a child’s parent or a young person has been notified of a decision of a governing body of a maintained school under section 31, and

b

the child, the child’s parent or the young person makes a request within a prescribed period to the local authority responsible for the child or young person for it to decide whether the governing body’s duty to maintain the plan should cease.

2

The local authority must decide whether the governing body should cease to maintain the plan.

3

The local authority must notify the governing body and the child or young person and, in the case of a child, the child’s parent of—

a

the decision, and

b

the reasons for the decision.

4

If the local authority decides that the plan should be maintained, the governing body must continue to maintain the plan.

5

If the local authority decides that the plan should not be maintained, the governing body must cease to maintain the plan, subject to section 33.