Q:

09.19 If parents disagree with each other about placement, is the LA/ETW obliged to resolve the dispute?

Nodi No-nonsense Guide Wales

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

A: SenseCheck

  • 0 Yes
  • 1 No
  • 0 Other

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  • 01 Nov 2024
  • No

    Complex

    No. ALNET does not specifically provide for cases where two parents disagree on choice of school. It is open for one parent to argue that their chosen placement would provide a more appropriate education then the other and the Tribunal can undertake a comparative exercise. 

    Some practical guidance on the interaction between the jurisdiction of the SENTW (as it was) and the Family Court was provided by the Upper Tribunal in SG v Denbighshire CC [2016] UKUT 460 (AAC), but this may need some adaptation in light of the fact that under ALNET, it appears that it is no longer possible to name a “type of school” as a placement.

    The outcome of Family Court proceedings may well be a relevant factor which would justify a review of the IDP. 

    Nodi No-nonsense Guide Wales

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