02.13 Does having regard to the views, wishes and feelings of the CYP or Child’s parent mean that the maintained school, FEI, LA or Tribunal has to do what they want?
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 01 Nov 2024
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No
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Complex
No. The duty to have regard is not a duty to achieve a particular result, but instead to take the wishes and feelings of the CYP or child’s parent into account as part of the decision-making process. In practice this should involve (para 4.9 ALN Code 2021):
- seeking the child, their parent or young person’s views on how they wish to participate in the decisions ahead of those decisions being made;
- providing information relevant to the decision to the child, their parent or young person in a way which enables that child, their parent or young person to understand it;
- encouraging the child, their parent or young person to participate fully in the process;
- using the child, their parent or young person’s views to inform the decisions; and
- ensuring the child, their parent or young person has access to information and advice about ALN and the ALN system.
Where the maintained school or FEI or LA reach a different conclusion to the CYP or a child’s parent in respect of its various functions under ALNET, there is often a requirement to give reasons. The Nodi Guide sets out the instances where the duty to give reasons arises in more detail in the relevant sections later in the guide.
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Comment