Q:
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 01 Nov 2024
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Other
Complex
Can't answer yes or no.:
Under the old SEN law, it was firmly established that speech therapy should be treated as educational unless there are ‘exceptional reasons for not doing so’: X&X v Caerphilly BC [2004] EWHC 2140. This is because effective communication is fundamental to education such that teaching a CYP to communicate would be educational and thus potentially ALP. An exception may be where the speech therapy was not related to communication. Nodi thinks that this rule will also apply to the framework under ALNET.
The ALN Code 2021 specifically recognises communication and interaction as one of the four areas of ‘need’ that may arise from learning difficulties or disabilities: para 2.35 ALN Code 2021.
Consideration will need to be given as to whether this goes in 2C of an IDP.
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