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  • If a decision is made to electively home educate a child who previously had a school-based IDP, does the school-based IDP automatically cease upon deregistration from the school? Is the LA then required to determine whether it will maintain the IDP?
  • If a request is made for the LA to review and revise a school-based IDP with the view it becomes an LA-maintained IDP, and the LA panel decides that additional evidence and assessments from the school are needed before reaching a decision, what happens if the child is removed from the school roll during this process?

    Does the panel need to reconsider the request and decide whether to maintain the IDP, given that there is no longer a school to provide the requested evidence or implement recommendations? Or should a new request be made for the LA to determine whether the child has ALN?

  • Can LAs refuse to consider an out of county placement based on location alone? (Wales)

    We would like to consider a special school placement for our child. We live in County A and they currently go to a mainstream primary school in County B. We have been informed by the LA at discussion stage that we could not consider the special school in County B for the sole reason that we live in County A. Is this a legitimate reason to refuse a placement request without further consideration?

  • Can a Local Authority refuse a private diagnosis or request that they are ratified by their own health board?

    Under the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (ALNET), support for a child is based on their needs rather than a formal diagnosis. However, in practice, some local authorities or ASD-specific settings require a formal diagnosis, sometimes insisting on NHS confirmation. Waiting lists for NHS assessment are long, creating delays for families. Parents may consider obtaining a private diagnosis.

  • Can a child not currently registered within a school be considered for specialist provision?

    parent has requested specialist provision for her child however she has received a response from panel stating that more information is needed to consider placement however parent has now deregistered her child from school and is worried that she will need to reregistered her child in order to access the correct provision and she is clear that she does not believe mainstream can meet needs.

  • Can school refuse to include ALP on the basis of potential future funding constraints?

    school have provided small group provision for the child however they have told us this will not be included in the IDP and ALP as they may not have funding and they are aware of the duty to provide any identified ALP

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  • How do I show A has EBSA?

    What can I do to show a 9 year old has EBSA? I've a letter from teacher re his biting himself.

  • When receiving an amended EHCP from the local authority (LA), must a child or young person receive a letter confirming their right to appeal to the First-tier Tribunal (FtT)?

    When receiving an amended EHCP, is it acceptable for a local authority to send an accompanying letter with the newly issued plan, emphasising their willingness to work together to resolve any disputes but no other information? While this may be welcomed, is this what the legal framework requires?

  • Is there a download (pdf) for the Nodi No-nonsense Guide to ALN law in Wales?