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• 01 Nov 2024

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  In the first instance the maintained school or FEI will be responsible for determining whether the CYP has ALN, unless one of the exceptions in s.11(3) ALNET apply.

  Where the maintained school or FEI considers a CYP has ALN it can request the LA in England to carry out an Education Health and Care needs assessment under s.36(1) CFA 2014 with a view to issuing an EHCP: s.12(d) ALNET. This course of action would be appropriate where the maintained school or FEI considers that the CYP requires provision that it would not be reasonable for the MAINTAINED SCHOOL OR FEI to make and would be necessary to make under an EHCP: s.37(1) CFA 2014. However, if the English LA informs the maintained school or FEI that it is not required to prepare an EHCP then the maintained school or FEI must prepare and maintain an IDP: s.12(5) ALNET. Decisions by FEIs (on whether a CYP has ALN, the contents of parts of the IDP and a decision to cease to maintain an IDP) are appealable to the ETW: s. 70 ALNET.

  The LA that maintains the maintained school in Wales is responsible for reconsideration:

  • whether a CYP has ALN under s.26 ALNET; 
  • a request to revise the plan maintained by a maintained school in Wales under s.27 ALNET; and 
  • a decision by the maintained school to cease to maintain and IDP under s.32 ALNET: s.87(2)(a) ALNET. 

  Where the LA that maintains the maintained school in Wales on reconsideration decides the CYP has ALN it has the following options:

  • direct the maintained school to prepare and maintain the IDP;
  • prepare the IDP and direct the maintained school or FEI to maintain it; OR
  • request the LA in England to prepare an EHCP.

  The LA that maintains the maintained school in Wales:

  • has no power to name a place at a particular school or other institution: s.87(3)(f) ALNET. 
  • May not maintain the IDP itself: s.87(3)(c) ALNET
  • May not secure the ALP in the IDP: s.87(3)(f) ALNET.

  The Welsh LA in which the maintained school or FEI is situated is responsible for making arrangements to resolve any disputes between CYPs/parents and any other LA, school or institution in Wales or England: ss.68 and 87(4) ALNET. 

  

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

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