Sort

• 01 Nov 2024

• Yes

  Complex

  Yes. Health or social support, which is educational, or trains will also be regarded as ALP and be contained in an IDP: s.3(1) ALNET & para 2.31 ALN Code 2021. Health or social support that does not meet this test will not be ALP and should not be included in the IDP. This support may instead be contained in an Individual Healthcare Plan or care and support plan. 

  More: >07.05 Are there any rules for coordinating health and social care support with ALP? 

  The principle set out in English case of The Learning Trust v MP [2007] EWHC 1634 (Admin) is likely to apply equally in Wales: “It is not the function of the special educational needs provision to provide for a child’s social needs (at least not those which are not also educational needs).” 

  Whether the health or social care needs impact on a CYP’s ability to learn or access facilities for education generally provided in mainstream settings in Wales may be a relevant factor to consider: para 2.31 ALN Code 2021.

  English cases may provide useful guidance on what would amount to ALP. BUT: the decision in these English cases will not automatically mean the ETW will reach the same decision. This is because:

  • social, health and education systems operate differently in Wales to those in England. These differences need to be taken into account. 
  • Whether something is ALP may depend on the CYP’s individual circumstances.
  • English cases need to be read carefully to see whether they provide useful guidance in the CYP’s particular case. 

  With that warning in mind, it may be useful to take the following cases into account:

  • A hearing aid enabling a pupil to hear the class can be educational provision even though it does not itself “educate” the pupil: EAM v East Sussex CC [2022] UKUT 193 (AAC) 
  • Even if medical and nursing support is essential for the child or young person to be educated, that does not of itself make it SEP: East Sussex CC v KS [2017] UKUT 273 (AAC) para 89, the UT approving the case of City of Bradford v A [1997] ELR 417 and OD v Gloucestershire CC [2013] UKUT 112 (AAC).

  More: >07.01 Is there a rule specifying what counts as ALP? 

  

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

0 This is helpful

|

Comment

Post