Q:

09.22 Can the LA/ETW take into account whether a mainstream school is appropriate for the child?

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

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    Yes. The LA/ETW is not obliged to order the naming of a maintained mainstream school if 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

    This is a marked difference between Welsh law and English law. In England, the LA/FTT cannot decline a requested mainstream placement on the basis of a view that such a placement is not suitable for the CYP (it must instead order such additional SEP as is required to deal with any perceived deficiency). 

    More in Noddy No-nonsense Guide to SEN law (England): >09.30 But surely the LA/FTT can ask whether the re... 

    Nodi No-nonsense Guide Wales

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