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• 01 Nov 2024

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  No. ALNET places no duties on parents to provide ALP. Where the CYP has ALN then the duty falls on the body maintaining the IDP to secure provision: ss.12(7) or 14(10) ALNET, unless the relevant NHS body is obliged to secure provision under ss.20 and 21 ALNET. 

  More: >08.01 Can NHS bodies be made responsible for delivering ALP? 

  However, parents can choose to provide ALP as part of EHE. Where they choose to do so this will be written into the IDP. The duty remains on the LA to secure the ALP, but this will be satisfied by agreeing with parents that they should provide it and satisfy itself that such ALP is being delivered. The LA is under a duty to monitor that suitable education is being provided: s.436A EA 1996 & R (Goodread) v Portsmouth City Council [2021] EWHC 3057. In order to fulfil these obligations and LA will usually be required to see and communicate with the CYP: para 4.2 EHE Guidance:

  Parents or carers becoming involved outside of the school day in reinforcing what has been done in school and by trying to act consistently 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 5 para 39, TW and KW v Hampshire County Council [2022] UKUT 00305 (AAC) para 27.

  

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

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