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Education Law Solicitors

Expert Education & SEN advice provided courtesy of our dedicated team of nationally respected specialist lawyers.

  • Comprehensive advice on all aspects of education law
  • Proven expertise in special educational needs and higher education law

How to get an Individual Development Plan

If a child or young person has additional learning needs, they may need the additional support of an Individual Development Plan (IDP). An Individual Development Plan is only available in Wales. In England a child or young person would instead receive an Education Health and Care Plan.

An Individual Development Plan is a legally binding document which sets out the child or young person’s additional learning needs and the additional learning provision they require to meet those needs. The IDP should contain quantified and specific information about the provision that should be delivered. In our experience, the vast majority of Individual Development Plans that are prepared do not contain sufficient detail about the provision or support that is needed.

There are two types of Individual Development Plans: A School Maintained IDP and a Local Authority Maintained IDP.  If your child has a School Maintained IDP, the Governing Body of the maintained setting must secure the Additional Learning Provision specified within the IDP. A School Maintained IDP is provided when it is deemed reasonable for a child or young person to receive Additional Learning Provision in line with the resources ordinarily available to the school. In some circumstances, the Local Authority can provide the school with the funding to secure the additional learning provision listed within the school maintained IDP. However, if the child/young person’s needs are complex, the Local Authority should maintain the IDP.

The Local Authority will be responsible for maintaining the IDP and securing the Additional Learning Provision for the child/young person if it would be unreasonable to expect the Governing Body of a maintained school to do so; this is largely dependent on the child/ young person’s needs and the specialist provision they require. The Local Authority are also responsible for maintaining IDP’s in other circumstances such as when the child or young person is receiving Education Other Than In School (EOTIS) or is a Looked After Child. 

Before an IDP can be issued, your child/ young person’s school must consider a two-part test. It is important to note that if your child or young person attends an independent school or receives EOTIS, the IDP request can be made directly to the LA.

In deciding whether an IDP is necessary, the School/Local Authority will consider whether the child or young person has or may have Additional Learning Needs (‘ALN’) and secondly whether it may be necessary for Additional Learning Provision (‘ALP’) to be made by issuing an IDP. The IDP request can be made by a parent, young person or relevant professionals.

If the school decide that your child/ young person does not have ALN that require ALP, you can write to the Local Authority and ask them to reconsider the school’s decision. The Local Authority will have 7 weeks to consider your request. This also applies in circumstances where you have a school maintained IDP but would like the Local Authority to adopt the IDP. A request can be made to the Local Authority asking them to adopt and maintain the IDP and they will than have 7 weeks to consider your request.

If the IDP request is sent to the Local Authority as per the exceptions set out above, the Local Authority will have 12 weeks to decide if the child has ALN that requires ALP. If the Local Authority does not agree that the child has ALN, you will be given the right of appeal. If the Local Authority decides that the child/ young person has ALN and requires ALP, the IDP will be issued by week 12.

If you are considering a request for an IDP or are experiencing difficulties securing an IDP, it can be helpful to secure advice on the additional learning needs system in Wales. This can be provided at HCB by our team of experienced specialists. 

 

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