Q:
09.28 What factors will an LA and tribunal take into account considering whether to name a school in 2D.1?
Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
01 Nov 2024
A: SenseCheck
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- 01 Nov 2024
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Can't answer yes or no.:
Paragraph 23.59 ALN Code 2021 set out that the following factors may be relevant (but there may be other relevant considerations, depending upon the circumstances):
- whether specific characteristics of the school make it especially good at securing the required ALP – this might include a variety of different matters, including the school’s physical characteristics;
- whether the school has members of staff with specialist expertise or training;
- whether the school has the required specialism in a low incidence provision, such as visual or hearing impairment;
- it would be unreasonable for a more local school to provide the child’s ALP.
In addition to these considerations regard must be had to the thoughts, wishes and feelings of the child and parents: para 23.52 ALN Code 2021.
Furthermore, if the intention is to name a maintained special school as opposed to a mainstream school, the circumstances in s.51(2) ALNET will need to apply.
More: >09.20 What is the duty to favour education for children at mainstream maintained schools?
Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
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