Q:

01.12 Does the LA need to take extra steps to have “due regard” under the Public Sector Equality Duty under s.149 Equality Act 2010 when delivering ALN in an IDP?

Nodi No-nonsense Guide to ALN law in Wales ALN 01 ALN law context
Nodi No-nonsense Guide Wales

Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
01 Nov 2024

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  • 01 Nov 2024

  • No

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    In the English case of R (AI) v LB Wandsworth [2023] EWHC 2088 (Admin), para 92 it was considered that the statutory mechanism for discharging an LA’s education, health and social care duties to an individual is based upon that individual’s own particular personal needs and characteristics, so it is impossible to argue no due regard has been had to the PSED. As the framework under ALNET is also based upon an individual’s specific needs, it is likely that the ETW would come to the same conclusion in respect of the Welsh framework. 

    Nodi No-nonsense Guide Wales

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

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