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• 01 Nov 2024

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  An LA is responsible for a CYP where they are wholly or mainly, habitually resident in their area: Hampshire CC v GC & Anor [2024] UKUT 128 (AAC).

  An LA is responsible for a CYP where they are “in the area” of the LA: s.99(4) ALNET. A CYP will usually be “in the area” of an LA if they ordinarily reside there: para 1.24 ALN Code 2021. But this is guidance only as a CYP may be ordinarily resident in more than one area and yet there can be only one body (School, FEI/LA) responsible for a CYP’s ALN: JG v Kent CC [2016] EWHC 1102 para 133-134. In England s.24 of the CFA2014 is the same as the ALNET provisions, stating that the English LA is responsible for a CYP where they are in the LA’s area.

  The EA 1996 s.579 (3A) and (3B) partially define “in the area” in relation to Wales/England cross-border element, as being where the CYP is wholly or mainly resident (or would be so resident were it not for the provision in their IDP/EHCP).

  An LA will not cease to be responsible for a CYP because of a temporary absence: Hampshire CC v GC [2024] UKUT 128 (AAC). In that case the UT found that the child remained the responsibility of the LA even though the child was temporarily absent by reason of the parent’s overseas deployment as part of the armed forces.

  Separate rules apply for looked after children and detained persons. 

  More: >03.01 Do the same rules apply for ‘looked after children’ or ‘detained children’? 

  Note: There is no single definition for “in the area” of a local authority. Previous versions of the Additional Learning needs Bill made reference to “relevant local authority” instead of “responsible authority” (ALNET explanatory note para 36). “Relevant local authority” is defined in para 21 ALN Regs 2021. In general, this is where the CYP is ordinarily resident (excluding any periods of detention).

  

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

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