Q:
09.13 Is the reference to “efficient instruction and training” in s 9 EA 1996 limited to the education of the child whose IDP it is?
Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
01 Nov 2024
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 01 Nov 2024
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No
Complex
No. The question of “incompatibility with the provision of efficient instruction and training is entirely general and at large and unlimited…There is no limitation whether by reference to the pupil whose parents' wishes are in issue, whether by reference to children with whom such pupils might be educated if the principle were to be given effect to, or otherwise:” Hampshire v R & SENDIST [2009] EWHC 626 para 28 – 30.
As such, consideration could be given to the efficient instruction and training of the pupil whose parents have made the request, the pupils in the class or school the parents have requested or efficient instruction and training more generally.
Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
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