PART 2INDIVIDUAL DEVELOPMENT PLANS
Transfer of responsibility for individual development plans
Local authority referral to the Welsh Ministers to determine whether governing body of further education institution should maintain planI114
1
This regulation applies in relation to a referral under section 36 of the 2018 Act by a local authority to the Welsh Ministers for a determination as to whether a governing body of an institution in the further education sector should maintain an individual development plan for a young person who is enrolled as a student at the institution.
2
The referral must be—
a
made within the period of 4 weeks beginning with the day after the end of the period prescribed by regulation 13(2),
b
made in writing,
c
accompanied by a copy of the sections of the individual development plan containing the description of the young person’s additional learning needs and the description of the additional learning provision, and
d
accompanied by a copy of any other information in the individual development plan which the local authority considers is necessary to determine the matter.
3
The Welsh Ministers must notify the young person and the governing body of the referral and invite representations.
4
The Welsh Ministers must notify the young person, the local authority and the governing body of—
a
their determination under section 36(4) of the 2018 Act, and
b
the reasons for the determination.
5
If the Welsh Ministers determine that the governing body should maintain the plan, the governing body’s duty to maintain it under section 12(4) of the 2018 Act takes effect—
a
on the day which may be specified in the notification under paragraph (4);
b
otherwise on the day on which that notification is received by the governing body.