Can LAs refuse to consider an out of county placement based on location alone? (Wales)
We would like to consider a special school placement for our child. We live in County A and they currently go to a mainstream primary school in County B. We have been informed by the LA at discussion stage that we could not consider the special school in County B for the sole reason that we live in County A. Is this a legitimate reason to refuse a placement request without further consideration?
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 08 Nov 2025
-
No
|
Other
Dear HR,
I don’t practise in Wales, but I have checked your question against the excellent Nodi No-nonsense Guide to ALN Law in Wales, which directly addresses this issue.
Under the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (ALNET) and the ALN Code 2021, there is no lawful basis for a local authority (LA) to refuse to consider a placement solely because it is outside its own county. The Nodi Guide (see §§09.06–09.11 and 09.57) makes clear that:
Parents have the right to request a particular placement, including one outside the LA’s area. The fact that a school is out of county is merely a relevant factor in deciding whether it is appropriate to name it, not a reason to exclude it from consideration.
When an LA considers naming a maintained school in section 2D.1 of an Individual Development Plan (IDP), it must consult both the school and the local authority for the area in which the school is located (s.48(3) ALNET; Nodi §09.08).
The LA must make its decision based on evidence of the school’s ability to deliver the required Additional Learning Provision (ALP) and whether this is consistent with the child’s best interests, the efficient education of others, and the avoidance of unreasonable public expenditure (s.9 Education Act 1996; Nodi §§09.11, 09.24–09.28).
The Nodi Guide further confirms that an LA may make arrangements for education at schools not maintained by them or another LA (s.18 Education Act 1996), and that such “out of area placements” are permissible and sometimes necessary (§09.57).
In short, a refusal based purely on county boundaries would be unlawful and contrary to both the ALNET framework and the ALN Code 2021. The authority must carry out a full consideration of suitability, cost, and need before deciding.
The Nodi No-nonsense Guide to ALN Law in Wales can be downloaded here:
https://supportsendkids.org/content/resource/158?parentId=157I hope this is of some help, but it would be better if someone who practises in Wales could answer your question.
Kind regards,
Sean Kennedy
08 Nov 2025
|
Comment