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• 01 Nov 2024

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  No. Cases decided under the EA 1996 considered that it was first necessary to identify or diagnose the need before going on to prescribe the educational provision to which the need gave rise. Only once the necessary ALP has been identified can the school/institution to provide be properly chosen: Learning Trust v SENDIST and MP [2007] EWHC 1634 (Admin). This is also the approach taken in the English system. Whether a particular school or institution can make the ALP required is a significant factor in whether it should be named in 2D (paras 23.59 and 23.67 of the ALN Code 2021) and so this principle should also apply under ALNET.

  More: >05.03 Should the sections of an IDP be considered in a particular order? 

  >07.06 Will the institution attended by the CYP influence the ALP? 

  

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

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