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• 01 Nov 2024

• Yes

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  Yes. Where it is brought to its attention or otherwise appears to a local authority that a home educated child (other than a looked after child) for whom it is responsible, may have ALN, the local authority must decide whether or not the child has ALN and, if it decides that the child has ALN, prepare and maintain an IDP and secure the ALP described in that plan: para 18.21 ALN Code 2021 and s.13 ALNET / s.14 ALNET.

  This does not mean that the LA will necessarily be required to provide ALP at home to fit with the EHE. Elective Home Education Guidance 2023 states that the duty to secure provision in an IDP “does not mean the local authority has to directly provide the ALP. Where, for example, the IDP sets out the ALP as being one-to-one support, this could be provided by a parent home educating the child. The EHE Guidance therefore envisages that IDP’s will contain provision to meet need that the parents will make, having chosen to EHE. The LA will be fulfilling its obligations to secure this provision by agreeing with the parents that they are to provide this. The LA is however under an obligation to satisfy itself that such ALP is being delivered: para 18.23 ALN Code 2021 and 4.21 EHE Guidance.

  Where parents are not able to provide the ALP, the LA will need to consider how the ALP will be secured. This could be by way of training to the parent to deliver ALP at home, ALP to supplement EHE or making provision for ALP to be provided at a particular school: para 18.23 ALN Code 2021. The EHE Guidance states:

  Where a child requires specialist provision, the local authority would need to decide whether it would be reasonable for the support to be provided in the child's home or whether, for example, the provision needs to be made in a school or a specialist educational setting. The local authority is responsible for ensuring the ALP is being delivered. This would be assessed as part of the IDP review undertaken by the local authority, which must be conducted annually or more frequently if appropriate.”

  More: 
  02.09 Does the duty on parents to ensure their child receives suitable education apply in the same way to parents of children with ALN? 
  07.29 Is the LA under a duty to make ALP to fit with Elective Home Education (EHE)?

  

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

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