Q:

02.20 Does the LA have to provide information about ALN?

Nodi No-nonsense Guide Wales

Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
01 Nov 2024

A: SenseCheck

  • 1 Yes
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  • 01 Nov 2024
  • Yes

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    Yes. Local authorities must make arrangements to provide people with information and advice about ALN and the ALN system: s 9(1) ALNET. The information that needs to be provided is listed in paragraph 6.12 of the ALN Code 2021. Importantly this includes providing information on how to appeal or request reconsideration of a decision: para 6.12(k) ALN Code

    They must have regard to the principle that this information and advice must be provided in an impartial manner: s 9(2) ALNET. This should include a description of children, parents and young people’s rights under the ALN system, the duties of maintained schools, FEIs and local authorities, and other information specified at para 6.12 ALN Code 2021. The information and advice should be easily accessible and the ALN Code 2021 provides guidance on what this should involve: paras 6.21–6.24. LAs should involve children, their parents and young people in the design or commissioning of these arrangements: para 6.25 ALN Code 2021.

    LAs, maintained schools and FEIs are under duties to take reasonable steps to make these arrangements known to children, parents of children and young people: ss 9(3)–(5) ALNET. The ALN Code 2021 provides examples of methods of communication that LAs should consider using, and states that LAs should have a dedicated webpage on their websites with advice and information on ALN : paras 6.17–6.20 ALN Code 2021.

    This should include providing information on the right to appeal or right to seek reconsideration when providing the CYP/parent/independent reviewing officer of any relevant decision: see for example paras 11.15 &  12.10 (LA and Schools, decision not to reconsider whether a CYP has ALN); 11.18(d), 12.59 & 13.15 (LA’s decision that a CYP does nto have ALN); 11.25(d) & 12.76 (when providing the IDP) of the ALN Code 2021.

    Nodi No-nonsense Guide Wales

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