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Needs Code February 2017

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child or child’s

child or child’s parent is expressing that view, the local authority will need to consider it alongside other relevant factors, including the ability of the setting to offer appropriate ALP and whether such mainstream education would be incompatible with the provision of efficient education for other children. 13.10 Children are not prevented from being educated in an independent school, or a school approved under section 342 of the Education Act 1996 (i.e. a non-maintained special school), where the cost is met other than by a local authority 178 . 13.11 Moreover, where a child with ALN is being educated in a mainstream maintained school in Wales, those concerned with making ALP for the child must secure that the child engages in the activities of the school together with children who do not have ALN. 179 This duty applies so far as it is reasonably practicable and is compatible with the child receiving the ALP called for by their ALN; the provision of efficient education for the children with whom they will be educated with and the efficient use of resources. 180 Naming a maintained school for the purpose of securing admission 13.12 In most cases, children with ALN will be able to receive the ALP they need in any maintained school. However, the needs of some children will be such that a place at a specific maintained school should be secured for them. Local authorities may name a maintained school in Wales in an IDP for the purposes of securing admission of a child to that school. This is referred to below as ‘naming a school’. Of course, schools or other educational institutions at which the child or young person will receive their ALP will be referenced in the IDP for a variety of other purposes, so it is essential that, where a local authority names a school for the purposes of securing admission, this fact is made clear in the IDP. The Test to Consider 13.13 For a local authority to name a maintained school for the purposes of admission, the following two tests must be met 181 : Firstly, the local authority must be satisfied that the child’s interest requires the ALP identified in their IDP to be made at that school. 182 Secondly, it must be appropriate for the child to be provided with education or training at that school 183 . 178 Section45(5) of the Act. 179 Section 41 of the Act. 180 Section 41 of the Act. 181 Section 42 of the Act. 182 Section 42(4)(a) of the Act. 183 Section 42(4)(b) of the Act. Page | 130

13.14 When considering the issue, local authorities should consider whether: the school has the required specialism in low incidence provision, such as visual or hearing impairment; the school has members of staff with specialist expertise or training; it would be unreasonable for a more local school to provide the child’s ALP; and specific characteristics of the school make it especially good at making the required ALP – this might include a variety of different matters, including the school’s physical characteristics. 13.15 If the tests set out at section 42(4) are not met, the local authority must not name the school. 13.16 Where a local authority names a school, it must set out its reasons for doing so in the IDP. 13.17 Where a child or their parent has requested that a school be named but the local authority decides not to do so, it must set out its reasons for not doing so in the IDP. Consultation with and Duties of the School and Local Authorities 13.18 If the local authority proposes to name a maintained school, it must consult the school (and the local authority for the area in which the school is located, if that is the admission authority) before doing so 184 . Where the school is located in another local authority’s area, but the governing body is the admission authority for the school, the other local authority should be notified by the home local authority preparing the IDP that it is considering naming the school in any event. 13.19 The local authority should carefully consider any representations from the governing body and other local authority. In particular, it should carefully assess whether the admission of the child would take the year group at the school above the school’s admission number and any prejudice to the provision of efficient education or the efficient use of resources that this might cause 185 . 13.20 Where a maintained school in Wales is named, the governing body of the school must admit the child 186 regardless of the governing body’s duty in 184 Section 42(3) of the Act. 185 Section 86(5) of the School Standards and Framework Act 1998 and Chapter 3 of the School Admissions Code (Statutory Code document no: 005/2013) provides more detail on ‘admission numbers’. 186 Section 42(2) of the Act. Page | 131

Traded services offered to maintained schools 2012/13
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Indicative Draft: The (0-25) Special Educational Needs Code of Practice
Indicative Draft: The (0-25) Special Educational Needs Code of Practice
Indicative Draft: The (0-25) Special Educational Needs Code of Practice
Indicative Draft: The (0-25) Special Educational Needs Code of Practice
Indicative Draft: The (0-25) Special Educational Needs Code of Practice
Indicative Draft: The (0-25) Special Educational Needs Code of Practice
Indicative Draft: The (0-25) Special Educational Needs Code of Practice
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