Q:

07.07 Is the CYP entitled to receive the ‘best’ ALP?

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

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  • 01 Nov 2024
  • No

    Complex

    No. The Act does not give an entitlement to provision which goes beyond that which is called for by the child or young person’s ALN: para 2.40 ALN Code 2021. The body responsible for preparing and maintaining the IDP can consider the efficient use of resources when deciding between different options for the ALP or different ways of delivering it, where each of those options or ways of delivery would meet the person’s ALN and accord with any other restrictions under the Act which apply in the circumstances.

    Case law under the old SEN system provided that the duty was to make the SEP that “is reasonably required” to meet a CYP’s needs and what was reasonably required was a question of judgment for the expert Tribunal: A v Hertfordshire CC [2006] EWHC 3428para 25. Nodi considers this to be useful guidance for the ETW. 

    Nodi No-nonsense Guide Wales

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