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• 01 Nov 2024

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  Yes. A person exercising functions under ALNET must have regard to the views, wishes and feelings of the CYP or the child’s parent: s.6 ALNET. The CYP or the parents can ask for a placement outside of the LA’s area and the fact that it is outside of the LA’s area will be a factor relevant to deciding whether it is appropriate to name the school in section 2D. 

  When it comes to pupils, the LA and ETW also must have regard to the general principle that pupils are to be educated in accordance with the wishes of their parents, so far as is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure: s.9 EA 1996. 

  More: >02.15 Does s 9 of the Education Act 1996 apply in relation to ALN law? 

  >02.16 Will the operation of section 9 be the same under ALNET? 

  “Pupils” are those for whom education is being provided in school unless: they would normally be in in year 12 or above and are in part-time education or are age 19 or above: s.3 EA 1996.

  However, the duties under s.6 ALNET and s.9 EA 1996 do not mean that the LA must name the placement simply because the CYP or parents ask for it. In relation to section 9 see: C v Buckinghamshire (1999) ELR 179 and WH v Warrington BC [2014] EWCA Civ 398 para 31. 

  

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

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