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• 01 Nov 2024

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  No. Not every disability (as defined by s.6 EA2010) falls within s.2 ALNET A disability which falls within s.2 ALNET must be such as to prevent or hinder the child or young person from making use of facilities for education or training of a kind generally provided for others of the same age.

  ‘Facilities’ are likely to be physical features rather than the way in which the school provides education for the pupil (which might not be the case if the child/young person only had, say, a physical impairment): Hertfordshire v MC & KC [2016] UKUT 385 (AAC) para 14. This is case law relating to English legal provisions, is likely to be helpful in interpreting the wording of ALNET.

  

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

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