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• 01 Nov 2024

• No

  Complex

  No. The duty to have regard to the views, wishes and feelings of the CYP or child’s parent under s.6 ALNET, is not a duty to achieve a particular result, but instead to take the wishes and feelings of the CYP or child’s parent into account as part of the decision-making process.

  Similarly, section 9 EA 1996 does not impose an obligation to act in accordance with parental wishes but to have regard to them (unless they are incompatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure): WH v Warrington BC [2014] EWCA Civ 398 para 31 

  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? 

  Such a presumption in favour of the child going to the school of the parent’s preference did exist under the old law in Wales (Sch 27 paragraph 8, EA 1996) and still does in England (s.39(3) & (4) CFA 2014). Under those other frameworks the LA was/is legally obliged to name a maintained school unless the school was unsuitable for the child or the child’s attendance was incompatible with the efficient education of others or efficient use of resources.

  Case law relating to the English system and old system in Wales therefore needs to be treated with caution as it may no longer be good guidance in respect of the obligations under ALNET. 

  

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

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