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• 01 Nov 2024

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  No. It is sometimes used as a non-legal label for when the CYP’s ALN are such that they call for ALP to be delivered beyond normal school hours.

  Provision beyond normal school hours, can take many different forms. For this reason, the Upper Tribunal in England has warned against using this term “waking day curriculum” as shorthand, because it distracts from proper consideration of the legal requirements. LB Southwark v WE [2021] UKUT 241 (AAC). A proper evaluation of what out of school-hours provision the CYP needs, and why this needs to take place outside of school hours needs to be carried out. 

  ALP outside of normal school hours does not always mean a residential placement/board/lodging is required: East Sussex CC v TW [2016] UKUT 528 (AAC).

  More: >07.27 Is there a particular rule about when a child requires out of hours ALP? 

  

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

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