Commentary on Sections of the Act
Part 2 – Additional Learning Needs
Chapter 4 – Avoiding and Resolving Disagreements.
Local authority arrangements
Section 68 - Arrangements for the avoidance and resolution of disagreements
151.Section 68 requires local authorities to make arrangements for both avoiding and resolving the following
disagreements between local authorities or governing bodies on the one hand, and children, their parents and young people on the other in relation to functions under the Act (subsection (1)); and
disagreements between proprietors (as defined in section 579(1) of the 1996 Act and section 99(1)) of various types of school and other institutions in Wales or England (see the list in subsection (7)) on the one hand and on the other hand, children, their parents and young people about the ALP made for children or young people.
152.This requirement includes providing access to help from an independent person to resolve a disagreement. Under section 9 local authorities must take reasonable steps to make the arrangements known to various people, including children and their parents, young people and governing bodies in their area. Local authorities must also promote their use (section 68(4)). The code may impose further requirements on local authorities in respect of the arrangements under section 4(5). Local authorities are also under a duty to inform children, their parents and young people that these arrangements do not affect their rights to appeal to the Tribunal (subsection (5)). Subsection (8) provides that local authorities’ arrangements under this section will also apply to children they look after, but are not in their area.
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