Q:

12.06 Can the ETW determine a dispute between LAs on responsibility for an IDP, or funding provision in an IDP?

Nodi No-nonsense Guide Wales

Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
01 Nov 2024

A: SenseCheck

  • 0 Yes
  • 1 No
  • 0 Other

Sort

  • 01 Nov 2024
  • No

    Complex

    No. There is no right of appeal, nor a power of the ETW to determine, disputes relating to responsibility or funding of an IDP.

    The only dispute as to an LA’s responsibility to maintain an IDP which the ETW may determine is where a governing body of a maintained school or an institution in the further education sector requests that a local authority takes over responsibility for maintaining a plan s.28 ALNET.

    Where there is a dispute as to responsibility between LA’s then this will need to be resolved either through the arrangements for resolving disagreements under s.68 ALNET or by way of a claim for judicial review. 

    Nodi glossary:  Education Tribunal Wales

    Nodi No-nonsense Guide Wales

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