Q:
02.13 Does having regard to the views, wishes and feelings of the CYP or Child’s parent mean that the maintained school, FEI, LA or Tribunal has to do what they want?
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 duty to have regard is not a duty to achieve a particular result, but instead to take the wishes and feelings of the CYP or child’s parent into account as part of the decision-making process. In practice this should involve (para 4.9 ALN Code 2021):
- seeking the child, their parent or young person’s views on how they wish to participate in the decisions ahead of those decisions being made;
- providing information relevant to the decision to the child, their parent or young person in a way which enables that child, their parent or young person to understand it;
- encouraging the child, their parent or young person to participate fully in the process;
- using the child, their parent or young person’s views to inform the decisions; and
- ensuring the child, their parent or young person has access to information and advice about ALN and the ALN system.
Where the maintained school or FEI or LA reach a different conclusion to the CYP or a child’s parent in respect of its various functions under ALNET, there is often a requirement to give reasons. The Nodi Guide sets out the instances where the duty to give reasons arises in more detail in the relevant sections later in the guide.
Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
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