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• 01 Nov 2024

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  Section 51 ALNET states that the LA must secure that the child is educated in a mainstream maintained school and can not name a maintained special school, PRU or other institution in section 2D of the IDP unless one of the circumstances named in s.51(2) ALNET apply. These are:

  a) That educating the child in a mainstream maintained school would be incompatible with the provision of efficient education for other children. The local authority can only rely on this exception where there are no reasonable steps the authority could take to prevent the incompatibility: s.51(2)(a) & (3) ALNET. Paragraph 23.101 of the ALN Code 2021 details some of the factors that might inform what steps are ‘reasonable’ in the circumstances.

  b) That educating the child otherwise than in a mainstream maintained school is appropriate in the best interests of the child and compatible with the provision of efficient education for other children: s.51 (2)(b) ALNET. 

  c) The child’s parent wishes the child to be educated otherwise than in a mainstream maintained school: s.51(2)(c) ALNET. 

  This creates a presumption to educate a child at a mainstream maintained school unless certain exceptions apply. In legal circles this is sometimes referred to as a “qualified presumption.” 

  

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

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