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• 01 Nov 2024

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  Yes. The rules set out who is responsible and when that responsibility arises.

  For a detailed discussion of who is responsible for making this decision (maintained school, further education institution or LA in Wales) 

  More: Chapter 03: Who is responsible for CYPs who may have ALN?

  The duty to decide whether a child has ALN arises when it is brought to the attention or appears to the responsible body that the CYP may have additional learning needs: 

  • s.11 ALNET (governing body of a maintained school or an FEI), 
  • s.13(1) ALNET (local authority), 
  • s.18(1) ALNET (Looked after child), 
  • s.40(2)(a) ALNET (detained persons), 

  This is the case unless certain exceptions apply, under ss.11(3), 13(2), 18(2) and 41(2)(a) ALNET. The main exceptions to the duty to decide whether a CYP has ALN include:

  • Where a YP does not consent to the decision being made about them ss.11(3)(c), 13(2)(d), 41(2)(a) ALNET.
  • A previous decision on whether the CYP has ALN has already been taken and the CYP’s needs have not materially changed since that decision was made; and there is no new information that affects that decision: ss 11(3)(b), 13(2)(b), 18(2)(b), 41(2)(b) ALNET.
  • A different authority is responsible for the CYP, for example a local authority in England (s11(3)(e), s.18(2)(c) ALNET),  a local authority in Wales, when a CYP is a registered pupil or enrolled student at more than one school or FEI (s.11(3)(d) ALNET) or an institution in the further education sector (s.13(2)(e) ALNET).

  

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

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