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.