PART 2ADDITIONAL LEARNING NEEDS

CHAPTER 2INDIVIDUAL DEVELOPMENT PLANS

Ceasing to maintain plans

I1I2I4I3I533Limitation on ceasing to maintain plans to allow reconsideration or appeal

1

A governing body of a maintained school may not cease to maintain an individual development plan under section 31(5) unless subsection (2) or (3) applies.

2

This subsection applies if the period prescribed under section 32(1)(b) has ended and no request has been made under that section.

3

This subsection applies if the local authority has decided under section 32 that the plan should cease to be maintained and—

a

the period prescribed under section 75 within which an appeal may be brought against the local authority's decision has ended without an appeal having been brought, or

b

an appeal has been brought before the end of the period prescribed under section 75, and has been fully determined.

4

A governing body of an institution in the further education sector acting under section 31(5), or a local authority acting under section 31(6), may not cease to maintain an individual development plan until the later of—

a

the period prescribed under section 75 within which an appeal may be brought against a decision not to maintain the plan having ended without an appeal having been brought, or

b

an appeal having been brought before the end of the period prescribed under section 75, and having been fully determined.