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joannem1965
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The Welsh Government Document The school Organisation Code

Customer Question

The Welsh Government Document 'The school Organisation Code' states in Para 3 CONSULTATION:
"3. Consultation
3.1 Principles
Section 48 of the 2013 Act requires that before school organisation proposals are published under sections 41-45, they must first be subject to consultation. In addition, proposals published under section 68 by the Welsh Ministers to secure regional provision for special educational needs or published under section 71 to reorganise sixth forms must also be subject to prior consultation. The requirement to consult does not apply to proposals to discontinue a small school made under section 43.
Case law has established that the consultation process should:

• be undertaken when proposals are still at a formative stage;
• include sufficient reasons and information for particular proposals to enable intelligent consideration and response;
• provide adequate time for consideration and response; and;
• ensure that the product of consultation is conscientiously taken into account when the ultimate decision is taken.

CAN YOU PLEASE TELL ME WHAT IS REFERRED TO BY THE PHRASE "CASE LAW HAS ESTABLISHED"

Many thanks
Submitted: 3 years ago.
Category: Law
Expert:  joannem1965 replied 3 years ago.
Hello.

Is this the only part you are unsure of?
Customer: replied 3 years ago.

Yes, we really need to know what specific case/cases are being referred to. It would be a great help in the fight to save our school from closure. Thanks

Expert:  joannem1965 replied 3 years ago.
It is impossible for us to know which out of the thousands of cases they are specifically referring to but why don’t you write to them and ask them which case law they are referring to as you intend to take advice.
They can never be “unavailable” for a letter. I would send a copy of your letter and their letter to the Secretary of State for education and the responsible Welsh Minister asking for a substantive response

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