Sort

• 01 Nov 2024

• Other

  Complex

  Can't answer yes or no.:

  There are differing views on this point. 

  More: >02.16 Will the operation of section 9 be the same under ALNET? 

  This is an area that would benefit from clarification from the ETW. The legal test for when an LA must name a school or institution in section 2D.2 centres around meeting the reasonable needs of the CYP for additional learning provision. The guidance also makes no reference to parental preference. 

  If the threshold test under s.14 (6) ALNET is met (i.e it is established that the CYP’s ALN cannot be met unless a placement of a particular kind is named), Nodi considers that parental preference in s.9 EA 1996 is likely to be relevant where parents and LA disagree on which school should be named. 

  Furthermore, under the old Welsh system and English system there is a requirement to separately consider s.9 EA 1996 where the primary statutory tests for parental preference are not met. The tests under ss 14(6) & (7) ALNET; 19(4)& (5) ALNET, ss.40(7) & (8) ALNET are for when an LA must name a school/institution. The question arises as to whether there is a residual discretion/requirement to consider s 9 EA 1996 under s.10 (b) ALNET. Again this is an area that would benefit from clarification from the tribunal. 

  

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

0 This is helpful

|

Comment

Post