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• 01 Nov 2024

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  No. s.53(2) ALNET creates a presumption in favour of school-based provision. 

  The appropriate test is whether it would be inappropriate for ALP to be made in any school: Derbyshire CC v EM and DM [2019] UKUT 240 (AAC) para 18, NN v Cheshire East Council (SEN) [2021] UKUT 220 (AAC) para 28. To put it another way, the question is “whether, in general, it would be inappropriate for the provision required...to be made in a school”: AA & BB v Bristol City Council [2023] UKUT 52 (AAC) para 48. While these are both English cases, the wording in the test under s.61(2) CFA 2021 is the same as the wording in s.53(2) ALNET and the ETW will likely shar the same view. 

  

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

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