01.12 Does the LA need to take extra steps to have “due regard” under the Public Sector Equality Duty under s.149 Equality Act 2010 when delivering ALN in an IDP?
A: SenseCheck
- 0 Yes
- 2 No
- 0 Other
- 30 Oct 2024
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No
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Complex
- 24 Oct 2024
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No
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Complex
No. In the English case of R (AI) v LB Wandsworth [2023] EWHC 2088 (Admin), para 92 it was considered that the statutory mechanism for discharging a LA’s education, health and social care duties to an individual is based upon that individual’s own particular personal needs and characteristics, so it is impossible to argue no due regard has been had to the PSED. As the framework under ALNET is also based upon an individual’s specific needs, it is likely that the ETW would come to the same conclusion in respect of the Welsh framework.
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Comment