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• 01 Nov 2024

• No

  Complex

  No, but there is a duty to take it into account. The overall duty remains to make provision that the CYP’s learning difficulty or disability calls for: s.10(b) ALNET. The duty is not to provide the best possible provision or that which the parents want: para 2.40 ALN Code 2021.

   

  • Where a child is EHE, the LA will firstly need to identify the type of ALP called for and whether the parent will be able to deliver it as part of EHE. Where this is the case that provision will still be written into the IDP and the LA is under a duty to secure it: 14(10) ALNET. The duty to secure the provision does not require the LA to provide the ALP. This will be provided by the parent. The LA needs to satisfy itself that such provision is being delivered: para 18.23 ALN Code 2021. This is different from EOTIS, which is provision that the LA must make if the test in s.53 ALNET is met. More: 09.52 Is elective home education the same as EOTIS?

   

  • Where parents are not able to provide the ALP the LA will need to consider how the ALP will be secured. This could be by way of training to the parent to deliver ALP at home, ALP to supplement EHE or making provision for ALP to be provided at a particular school: 18:23 ALN Code 2021 & p7 EHE Guidance. 

   

  • Where a child requires specialist provision, the local authority would need to decide whether it would be reasonable for the support to be provided in the child's home or whether, for example, the provision needs to be made in a school or a specialist educational setting. p7 EHE Guidance. The LA is under a duty to have regard to the views, wishes and feelings of the CYP or child’s parent: s.6 ALNET. The LA will therefore need to have regard to the desire for the CYP to be educated at home. However, it is unlikely that the LA will be required to make ALP fit with EHE where it is not reasonable to do so. The LA can consider the efficient use of resources when deciding between different options for the ALP or different ways of delivering it, where each of those options or ways of delivery would meet the person’s ALN and accord with any other restrictions under the Act which apply in the particular circumstances: para 2.40 ALN Code 2021. For example, the LA can only provide education otherwise than in a school where it is satisfied that it would be inappropriate for ALP to be made in a school: s.53(2) ALNET. 

  More: >09.53 Can parents insist on a hybrid arrangement between EHE and EOTIS? >09.47 When will it be inappropriate for ALP to be made in a school? >09.51 Can parents agree to provide some EOTIS? >09.52 Is elective home education the same as EOTIS? 

  

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

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