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• 01 Nov 2024

• Yes

  Complex

  Yes. When naming a placement in section 2D.1 s.48(3) ALNET specifically provides that the LA must consult: 

  1. the governing body of the school, and
  2. in the case of a maintained school where neither the local authority nor its governing body is the admissions authority for the school, the local authority for the area in which the school is located.

  No specific duty to consult is set out in respect of naming a placement under ss 14 and 19 ALNET. The LA cannot be compelled to name at placement at a school or institution that is not a maintained school in Wales unless the person or body responsible for admissions has consented: ss.14(8)(a) & 19(6)(a) ALNET. Furthermore, there is no power to compel such a placement to admit the CYP without consent and evidence that the school can make ALP is required. As such, not consulting a placement in respect of ss 14 & 19 will make it difficult to lawfully name the placement in section 2D. 

  More broadly, consultation with any school or FEI (maintained or not) would be in keeping with the principle of collaboration in the ALN Code 2021. Furthermore, it may well be practically necessary to consult with any maintained school or FEI to gather sufficient evidence to be able to decide whether the reasonable needs of the CYP for ALP can be met there. 

   

  

  Nodi No-nonsense Guide Wales
  Authors: Civitas Law education team

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