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• 01 Nov 2024

• No

  Complex

  No. There is no duty to provide a hybrid arrangement per se. However, LA has the power to agree a hybrid arrangement: para 18.23 ALN Code 2021. An LA may however be under a legal duty to provide a hybrid arrangement where it would be inappropriate for ALP to be made in a School: s.53(2) ALNET

  Even if that is the case, there is no duty to provide a hybrid arrangement per se. The duty remains to make provision that is called for by the ALN. It will therefore be necessary to distinguish between what is called for by the ALN and what is parental choice. 

  Where a child is EHE:

  • Consideration firstly needs to be given to whether the parent will be able to deliver (or arrange someone else to deliver) the ALP. 
  • Where parents are not able to provide all the ALP called for by the child’s needs the LA will need to consider how the ALP will be secured. This could take various forms such as: extra provision arranged by the LA to supplement education at home, provision or training to the parent to deliver the ALP required at home or securing provision for the CYP at a particular school: para 18.23 ALN Code 2021.
  • Provision otherwise than in school can only be made where it is inappropriate for ALP to be made in a School: s.53(2) ALNET. 
  • The LA can consider the efficient use of resources when deciding between different options for the ALP or different ways of delivering it, where each of those options or ways of delivery would meet the person’s ALN and accord with any other restrictions under the Act which apply in the particular circumstances: para 2.40 ALN Code 2021.

  More: >07.29 Is the LA under a duty to make ALP fit with Elective Home Education (EHE)? 

  

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

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