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• 01 Nov 2024

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  Yes. Since the EA 1996 the approved procedure has been to first consider what the CYP’s ALN is, then to decide what ALP is required to meet those needs: R v Secretary of State for Education and Science ex p E [1992] 1 FLR 377, 388 – 399, which was quoted in The Learning Trust v MP [2007] EWHC 1634 (Admin): “It is important… to identify or diagnose the need before going on to prescribe the educational provision to which that need gives rise, and only once the educational provision has been identified can one specify the institution or type of institution which is appropriate to provide it.” 

  Nodi believes that this general principle will still apply to the new ALN framework.  

  However previous SEN case law also noted that while provision must not be dictated to by a prior decision as to placement, the provision may be ‘informed’ by what is actually available at a particular school: S v City and County of Swansea [2000] ELR 315 322H-323A 

  This approach is reflected in para 23.36 of the ALN Code 2021, which notes that “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.” 

  

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

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