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• 01 Nov 2024

• Yes

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  Yes. Those exercising functions under ALNET (including schools and LAs) must have regard to (s 6 ALNET):

  1. the views, wishes and feelings of the CYP or the child’s parent.
  2. the importance of the child and the child's parent or the young person participating as fully as possible in decisions relating to the exercise of the function concerned
  3. the importance of the child and the child's parent or the young person being provided with the information and support necessary to enable participation in those decisions.

   

  The duty in s 6 ALNET applies to any “person exercising functions under this Part”. This would appear to include the ETW, whose main functions are set out later in Part 2 (in particular, ss 71 and 73), perhaps subject to argument as to whether the word “person” can properly be interpreted to include a court or tribunal. 

  In any event, the ETW must have regard to the provisions of the ALN Code 2021 which address the involvement of CYPs and the parents of children where these appear relevant (s. 4(10) ALNET). Paras 4.6 and 4.7 of the ALN Code note that supporting the meaningful participation of children, their parents and young people is more likely to lead to the accurate identification of needs, effective provision, and a better outcome for the CYP, and para 4.11 says that all bodies exercising functions under the Act, which would include the Tribunal, should consider how a CYP would like to communicate and participate and how to support them in doing so. In S v Worcestershire [2017] UKUT 92 (AAC), an English appeal discussing s 19 CFA 2014, at paras 72-73, the Upper Tribunal noted that if the First-Tier Tribunal discharged its obligations under its procedural rules, including the overriding objective to “deal with cases fairly and justly”, it would be doing as much as would be required if it were subject to s 19.

  When planning generally for the exercise of their ALN functions, LAs and NHS bodies need also to have regard to Part 1 of the UN Convention on the Rights of the Child, and the UN Convention on the Rights of Persons with Disabilities.

  More: >01.11 What is meant by the duty to have “due regard” to the UNCRC and UNCRPD under ALNET? 

  

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

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