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• 01 Nov 2024

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  No. The decision to name a particular school must be based on proper evidence. 

  Before naming a particular school, the ETW should normally have at the very least the prospectus, ESTYN or equivalent school inspection report and written statement from a member of the school’s staff. It is also helpful if a relevant member of the school staff can attend any discussion between LA and parents or the tribunal hearing so they can respond to any specific queries as to the facilities and provision that can be made at the school. 

  The decision as to whether a particular CYP should be placed at a particular school must be based on the particular CYP and their particular needs. The fact that there are other children with greater ALN whose needs are being met by the school has not been considered useful evidence to support that this will also be the case for the CYP in question: MMB v Hillingdon [2004] EWHC 513 para 24 (a case decided under the EA 1996).

  More: >01.04 Why does the Nodi Guide refer to the Education Act 1996 and Children and Families Act 2014 and cases decided under those Acts, when Wales has moved from an SEN system to an ALN system? 

  Neither inclusion in the register of independent schools nor the fact that other LAs place children is likely to be considered evidence of its suitability for children in general let alone for the particular child in question: “a Tribunal may draw reassurance or comfort from those facts, but no more…”: LB Southwark v Animashaun [2005] EWHC 1123 para 21 (another case decided under the EA 1996, but likely still good guidance on that point). 

  

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

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