Q:
02.14 What steps are those exercising functions under ALNET required to take to ensure that CYPs and parents are properly involved in the decision-making process?
Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
01 Nov 2024
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 01 Nov 2024
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Complex
Can't answer yes or no.:
Those exercising functions under ALNET should:
- Seek to understand, how the child or young person wants to communicate their views, how they wish to participate and what support may be required to facilitate the child or young person to do so: para 4.13 ALN Code 2021.
- Provide information relevant to the decision to the CYP or parent in a way which enables them to understand it: para 4.9 ALN Code 2021.
- The LA must make arrangements to make information and advice about the ALN system easily accessible: s 9 ALNET & paras 4.38, 6.15 - 6.24 ALN Code 2021.
- Any person exercising functions under ALNET is required to provide CYP and parents with the information and support necessary to enable participation in decisions: s 6(c) ALNET.
- Encourage a CYP or parent to participate fully in the process. Where a CYPs is to participate in a meeting to make decisions about their ALN the school, FEI or LA should work with the CYP to help them prepare for the meeting: para 4.24 ALN Code 2021.
- Use the CYP and/or parent’s views to inform decisions: para 4.9 ALN Code 2021.
There may be occasions where a parent or Young Person lacks capacity. Lacking capacity has the same meaning as set out in the Mental Capacity Act 2005: s.83 (4) ALNET. In those cases, the LA is under a duty to provide for a representative to engage in arrangements for the child’s parent or Young Person: para 40 ALN Regs 2021 and that representative can appeal to ETW on their behalf: para 41 ALN Regs 2021. The LA must refer the representative to an independent advocacy service if the representative requests it: para 40 ALN Regs 2021.
The general guidance in Chapter 4 ALN Code should also be followed by the ETW as it exercises its functions on an appeal: by virtue of both s 4(10) ALNET and to be consistent with the overriding objective to deal with cases fairly and justly.
More: >12.03 What if the child, parent or young person does not have the capacity to understand matters relevant to an appeal? >02.12 Must schools, the LA (and ETW in an appeal) have regard to any particular factors when exercising their functions?
Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
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