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• 01 Nov 2024

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  No. Higher education courses do not fall within the ALNET regime. References to “education” with ALNET and the ALN Code do not include higher education: s.99 ALNET, ALN Code 2021 at paras 1.32, 1.99.

  While ALNET imposes duties on local authorities and the governing bodies of further education institutions for young people who are enrolled as students at a further education institution (such as the duty upon an FE institution to decide whether an enrolled student has ALN), these do not apply to students who are undertaking a higher education course: s.86 ALNET. 

  A course of higher education means a course of any description mentioned in Schedule 6 to the Education Reform Act 1998 (s.86(5) ALNET). Just because a course is provided by an institution in the higher education sector does not mean it is a course of higher education for the purpose of s.86(5) ALNET: see by analogy, the English cases of Gloucestershire CC v EH (SEN) [2017] UKUT 0085 (AAC) para 43, RB Kensington and Chelsea v GG (SEN) [2017] UKUT 141 (AAC) para 5.

  If a student at an FE institution is enrolled in both a higher education course and non-HE education, the ALN regime will apply to the provision of all education which is not higher education: s.86(4) ALNET.

  

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

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