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• 01 Nov 2024

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  Where the decision is made by a maintained school there is no right of appeal to the tribunal. Instead, the CYP or parent of a child can ask the LA to reconsider whether the CYP has ALN. The LA must then consider whether the CYP has ALN in accordance with s.13 ALNET: s.26 ALNET. A CYP or Child’s parent can appeal against a decision of the LA that the CYP does not have ALN: s.70(2)(a) ALNET. 

  Before making a decision, the LA must inform the governing body of the school and invite them to provide information and views on the issue. The LA is required to otherwise make the decision in the same way as under s.13(1) ALNET.

  There is no obligation on the LA to consider whether the CYP has ALN where the LA has previously considered this and the CYP’s needs have not materially changed and there is no new information which would materially affect the decision: s.29 ALNET. A CYP or Child’s parent can appeal against a decision of the LA to refuse to decide to take over the plan under s.29 ALNET: s.28(2)(l) ALNET.

  Where a CYP or parent of a child disagrees with the decision of an LA or FEI that the CYP has ALN, they can appeal to the tribunal under s.70(2)(a) ALNET. 

  

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

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