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• 01 Nov 2024

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  Can't answer yes or no.:

  The central question to ask is what ALP the CYP requires, and when. If the ALP in question can only be made out of school hours, then that should be clearly set out in Section 2B.2. 

  Only once this has been properly set out should consideration be given to whether a residential placement/board/lodging is required to make that provision. 

  The following principles set out under the old SEN law/English cases are likely to provide useful guidance on whether ALP outside of school hours is required:

  • Provision outside of normal school hours may be required where the circumstances for the CYP to learn only arise out of school hours (such as independent living skills). It is however important to bear in mind that opportunities for self-care/going into the community can take place during the normal school day. 
  • ALP out of school hours may be justified where skills learned in school need to be generalised/translated into other areas of life, such as home life: S v SENDIST [2007] EWHC 1139 (Admin)BUT ALP out of school hours will not generally be required simply to generalise skills learned in school or college. Education or training needs to be taking place: GL v West Sussex CC [2017] UKUT 414 (AAC) para 32 otherwise the support may be better classified as health care or social care and support.
  • Only in very rare cases would a requirement of consistency of provision on its own justify programmes of learning beyond the ordinary school day: T v Hertfordshire CC [2004] EWCA Civ 927para 50 & Westminster CC v FTT [2023] UKUT 177 (AAC). Parents or carers becoming involved outside of the school day in reinforcing what has been done in school and by trying to act inconsistently with it is not in itself necessarily ALP (though it may be for the particular child/young person in question): TA v Bowen & Solihull [2009] EWHC 5para 39, TW and KW v Hampshire County Council [2022] UKUT 00305 (AAC) para 27.There are procedures in place for ensuring social services carers maintain a consistency of approach. 
  • Where a CYP has issues with concentration and fatigue, ALP out of hours may be required so that more time for rest can be incorporated into the day. However, in such instances it should also be considered whether provision outside of school hours is denying the CYP adequate down time. 
  • Parents/carers cannot be expected or relied on to provide any ALP unless the learner is EHE. in such cases, if a need for ALP out of school hours has been identified, then the LA will have to make arrangements for this and cannot rely on parents/carers.

  More: >07.30 Can parents be required to provide ALP? 

  

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

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