Q:
09.42 When can an independent school/institution be named in section 2D?
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 01 Nov 2024
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Other
Complex
Can't answer yes or no.:
The criteria for naming an independent school in section 2D depend on whether the cost is being met by the LA or otherwise.
Where the cost is not being met by the LA (but if, for example, being met by parents) then the LA/ETW will still need to be satisfied of the following before an independent school can be named in section 2D (s 51(5) & 55 ALNET):
- The school is on the appropriate register in Wales or England; and
- The LA is satisfied that the school can make the ALP specified in the CYP's IDP.
Where the cost of the independent school/institution is to be met by the LA then it can only be named if:
- The school is on the appropriate register in Wales or England; and
- The LA is satisfied that the school/institution can make the ALP described in the child's or young person's IDP (s 55 ALNET);
- In the event the LA wants to name an independent school, but patents want the child to be educated in a mainstream school, one of the following tests need to also be satisfied (ss 51 ALNET):
- educating the child in a mainstream maintained school is incompatible with the provision of efficient education for other children; OR
- educating the child otherwise than in a mainstream maintained school is appropriate in the best interests of the child and compatible with the provision of efficient education for other children.
Where the particular school or other institution (including board and lodging) is not a maintained school in Wales, a local authority (and ETW) must obtain the consent of that school or institution before including a description of the provision and securing the provision: ss 14(8)(a) ALNET & 19(6)(a) (for looked after children). BUT just because an LA or ETW can name an independent school does not mean that they should name it.
More: >09.43 When should an LA/ETW name an independent school?
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