Q:

09.54 Is the LA’s duty to provide suitable education under s 19A EA 1996 the same as EOTIS under s 53 ALNET?

Nodi No-nonsense Guide Wales

Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
01 Nov 2024

A: SenseCheck

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  • 01 Nov 2024
  • No

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    No. Each LA in Wales is under a duty to make arrangements for the provision of suitable education at school or otherwise than at school for children of compulsory school age who by reason of illness, exclusion from school or otherwise, may not receive suitable education unless such arrangements are made for them: s.19A EA1996 

    This is different from the duty to the duty to secure ALN in an IDP in respect of an individual child under ss.12, 14 etc ALNET, which is a routine duty to secure ALP set out in an IDP and so applies only to children with ALN. By contrast the duty under s.19 A EA 1996 is exceptional provision to ensure continued education in cases of temporary illness, exclusion or where children may not receive suitable education. 

    However, where a child has an IDP but is unable to attend the named placement the LA duties under both s 19A EA1996 and ALNET are likely to be engaged.

    Nodi No-nonsense Guide Wales

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