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• 01 Nov 2024

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  No. Even if the tribunal considers that the school proposed by the LA is not suitable, it does not follow that it should automatically name the school requested by parents if there is a good reason not to. In England there is the option of naming a type of school or adjourning to consider further options. Under ALNET, it does not appear that the Tribunal can name just a type of school, and so the options will be naming no school or delaying the hearing to another day (adjourning) for further evidence: 

  More: >09.04 Can the IDP simply name a type of placement, such as a mainstream or special school? 

  Parents and LAs are able to put forward a fall-back option on placement for the tribunal to consider. A tribunal can adjourn to allow a party to put forward such an alternative: Rhondda Cynon Taff County Borough Council v SENDIST [2001] EWHC Admin 823 para 14; LB Bromley v SENT [1999] ELR 260; KC v LB Hammersmith and Fulham [2015] UKUT 177 (AAC) para 23. Whether it is appropriate to adjourn will depend on the circumstances of the case including the considerations of the overriding objective, viability of the options on the table, the best interest of the pupil and cost to the public purse. 

  

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

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