Commentary on Sections of the Act Part 2 – Additional Learning Needs Ceasing to maintain plans Section 33 - Limitation on ceasing to maintain plans to allow reconsideration or appeal
95.Section 33 ensures that where there has been a decision that an IDP should cease to be maintained, it continues to be maintained until the child, the child’s parent or young person has had the opportunity to exhaust their appeal options. So the governing body of a maintained school may not cease to maintain the IDP unless the period prescribed for requesting reconsideration by the local authority under section 32 has ended without a request being made. If a request is made in that period, the governing body of a maintained school may not cease to maintain the IDP until the local authority has made its decision and the period for appealing it has ended, or where an appeal is brought within that period, it has been fully determined. Similarly, a governing body of a FEI or a local authority may not cease to maintain the IDP until the period for an appeal to be made ends without an appeal being brought or, where an appeal is brought in that period, it has been fully determined. The period for bringing an appeal is to be set out in regulations made under section 75.