Q:

07.15 Can section 2B.2 be less specific just because the CYP is in a special school?

Nodi No-nonsense Guide Wales

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

A: SenseCheck

  • 1 Yes
  • 0 No
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  • 01 Nov 2024
  • Yes

    Complex

    Sometimes yes. The ALP that best meets the ALN of the child or young person may be different depending on the type of institution they attend. For instance, the provision that a special school provides might be different to that which a mainstream school provides because of the different way that a special school is organised: para 23.36 ALN Code 2021.

    Guidance from English cases indicates that whether a CYP is at a special school or college, rather than a mainstream placement, may be a factor to be taken into account in allowing greater flexibility: East Sussex CC v TW [2016] UKUT 528 (AAC) para 41 (English case but likely to be followed), but there is no general principle that greater flexibility is permitted because a CYP is in special school. Provision still needs to be sufficiently specific in a special school where that detail can reasonably be provided: B-M and B-M v Oxfordshire CC (SEN) [2018] UKUT 35 (AAC) para 5. 

    Nodi No-nonsense Guide Wales

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