Q:
09.22 Can the LA/ETW take into account whether a mainstream school is appropriate for the child?
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 01 Nov 2024
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Yes
Complex
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...
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