Q:
02.15 Does s 9 of the Education Act 1996 apply in relation to ALN law?
Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
01 Nov 2024
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 01 Nov 2024
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Yes
Complex
Yes. Section 9 EA 1996 remains in force in Wales. The ALN Code 2021 references this duty at paragraphs 23.102, 23.108, 23.109.
Section 9 EA 1996 states:
“In exercising or performing all their respective powers and duties under the Education Acts, the Secretary of State and local authorities shall have regard to the general principle that pupils are to be educated in accordance with the wishes of their parents, so far as that is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure.”
It is important to bear in mind that this section only applies to the wishes of “parents” in relation to those who are “pupils”. “Pupils” are those for whom education is being provided in school unless:
- are age 19 or above and having further education provided or
- they are receiving part-time education suitable to those in year 12 or above.
Reference: s.3 EA 1996
Most reported cases considering section 9 EA 1996 related to the extent to which an LA is obliged ensure the child has a place in the school the parents want. The workings of section 9 are therefore addressed more fully in Chapter 09.
More: Chapter 09: IDP Section 2D: Place at named school/institution/board/lodging and Chapter 09 section: Wishes of the CP and Parents (s.9 1996)
Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
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