Education (Wales) Measure 2009

1 Right of a child to appeal in respect of special educational needs

(1) The Education Act 1996 (c. 56) is amended in accordance with this section.

(2) After section 332 insert—

“Appeals by children

332ZA Right of a child to appeal to the Welsh Tribunal

(1) This section applies to the rights of a parent of a child to appeal to the Welsh Tribunal under any of the following provisions—

(a) section 325(2) (appeal against decision not to make statement);

(b) section 326(1) (appeal against contents of statement);

(c) section 328(3)(b) (reviews of educational needs);

(d) section 329(2)(b) (assessment of educational needs at request of child’s parent);

(e) section 329A(8)(b) (review of assessment of educational needs at request of responsible body);

(f) paragraph 8(3)(b) of Schedule 27 (change of named school);

(g) paragraph 11(2)(b) of Schedule 27 (ceasing to maintain a statement).

(2) The child may exercise the rights conferred on the parent in respect of that child.

(3) The child’s rights are exercisable concurrently with the parent’s rights.

(4) The exercise of rights under this section is subject to provision made by regulations under sections 332ZC and 336(1).”.