Q:

07.11 Does section 2B.2 have to specify things like how much provision a child or young person requires, and how often?

Nodi No-nonsense Guide Wales

Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
01 Nov 2024

A: SenseCheck

  • 1 Yes
  • 0 No
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  • 01 Nov 2024
  • Yes

    Complex

    Yes. This is particularly important when setting out provision to be provided by external professionals. An important factor to consider is whether the provision is sufficiently clear to know what provision the CYP should be receiving. If it is not clear, then disagreements may arise over what the provision actually is: 23.37 ALN Code 2021. Provision should be detailed, specific and quantifiable. 

    Where appropriate, such provision can lawfully be worded to allow professionals a degree of freedom to use their judgment or provide for changing circumstances: BB v LB Barnet [2019] UKUT 285 para 22

    More: >07. 10 What level of detail does s.2B.2 need to go in to? 

    Examples from English case law include:

    • saying that the therapist should give “initially a visit once a week for a term thereafter reducing to once a fortnight” was too vague, because it did not set out the length of each session or what it would consist of: S v SENDIST [2005] EWHC 196
    Nodi No-nonsense Guide Wales

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