Laura Shepherd Successful in Landmark Case

March 18 2025

As a result of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 there have been two key changes to education law in Wales:

1)  Local Authorities are no longer required to name a school or a type of school. In fact, Local Authorities should only name a school in Section 2D of an Individual Development Plan (“IDP”) in very specific circumstances; and

2)  Schedule 27, paragraph 3(3) of the Education Act 1996 is no longer in force, nor has it been replicated in ALNET 2018. As a result, there is no longer a duty on local authorities in Wales to name the parent’s choice of school in a child’s IDP.

This is a position which is materially different from the situation which existed both prior to the coming into force of ALNET 2018 and the position in England, where CFA 2014 retained a similar provision.

The sought for the school of parental preference to be named in Section 2D of the child’s IDP. This would result in a duty being placed on the school to admit the child regardless of whether admission numbers had been exceeded at that school (s.48 ALNET).

Laura Shepherd, representing Cardiff Council, argued that s.9 EA 1996 is a mere duty to have regard and therefore the only route to naming a school was s.48 ALNET 2018, and that the child did not pass the threshold. As far as the author is aware, this is the first time the ETW has had to consider how to apply s.9 EA 1996 following the coming into force of ALNET 2018 in circumstances such as these. The ETW found in favour of the parents and named the preferred secondary school in Section 2D of the IDP. The LA appealed the matter to the Upper Tribunal and was successful, Sir Gary Hickinbottom agreeing with the Council’s interpretation of the law.

The is a landmark case in Wales following a complete overhaul of the law and is one of the first cases concerning the new legislation