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• 01 Nov 2024

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  No. As with the exercise of any function in relation to any child or young person, when considering a placement, the local authority must have regard to the child, the child’s parent, or young person’s views, wishes and feelings: para 23.52 ALN Code 2021. 

  The LA/tribunal must always have regard to the principle that education for pupils is in accordance with parental wishes unless that involves unreasonable public expenditure under section 9 of the EA 1996. This does not however impose a duty to act in accordance with parental preference but merely have regard to it. There is no obligation (as such) to give effect to parental preference under EA1996 section 9: C v Buckinghamshire (1999) ELR 179. 

  More: Chapter 09 Section 2D: Wishes of the CYP and Parents (s.9 Education Act 1996) 

  >02.16 Will the operation of section 9 be the same under ALNET? 

  

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

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