Q:
A: SenseCheck
- 0 Yes
- 1 No
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- 01 Nov 2024
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No
Complex
No. The ETW can only act where it has the statutory power to do so. In relation to ALN, it only has the power to decide matters set out in s.70 ALNET:
- Decision of an LA or institution in the further education sector as to whether a CYP has ALN
- Decisions on whether it is necessary to prepare and maintain an IDP for a CYP who is not at a maintained school in Wales or enrolled in and institution in the further education sector in Wales.
- The description of ALN in an IDP
- The description of ALP in an IDP
- A place at a particular school or institution and/or the board and lodging provided in the IDP or the decision to not to name a particular school/institution and/or provide for board and lodging.
- The maintained school named in the IDP (if one is named)
- The decision not to name a maintained school in the IDP
- A decision not to revise an IDP following a review
- A decision by an LA not to take over responsibility for an IDP from a maintained school or FEI
- A decision of an LA or FEI to cease to maintain an IDP
- A decision by an LA to agree with a maintained school’s decision to cease to maintain an IDP
- An LA or FEI’s refusal to decide a matter on the basis that there is no material change in needs or no new information that materially affects the decision
The ETW also has jurisdiction to consider claims alleging breaches Chapter 1 of Part 6 of the Equality Act 2010 by the responsible body for a school in Wales: s 116 EquA2010 and para 3A Schedule 17 EquA2010. These types of claim are not covered in this guide.
Nodi glossary: Education Tribunal Wales
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