Education (Wales) Measure 2009

13 Independent advocacy services

After section 28ID of the Disability Discrimination Act 1995 (c. 50) insert—

“28IE Independent advocacy services — Wales

(1) Every local education authority in Wales must—

(a) make arrangements for the provision of independent advocacy services in their area;

(b) refer any disabled child in their area who requests independent advocacy services to a service provider;

(c) refer any person who is a case friend for a disabled child in their area and who requests independent advocacy services to a service provider.

(2) In this section “independent advocacy services” are services providing advice and assistance (by way of representation or otherwise) to a disabled child who is—

(a) making, or intending to make a claim that a responsible body—

(i) has discriminated against that child in a way which is unlawful under this Chapter, or

(ii) is by virtue of section 58 to be treated as having discriminated against that child in such a way; or

(b) considering whether to make such a claim; or

(c) taking part in or intending to take part in dispute resolution arrangements made under section 28ID.

(3) In making arrangements under this section, every local education authority must have regard to the principle that any services provided under the arrangements must be independent of any person who is—

(a) the subject of a claim to the Welsh Tribunal, or

(b) involved in investigating or adjudicating on such a claim.

(4) The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.

(5) Every local education authority in Wales must take such steps as they consider appropriate for making the arrangements under this section known to—

(a) disabled children in their area,

(b) parents of disabled children in their area,

(c) head teachers and proprietors of schools in their area, and

(d) such other persons as they consider appropriate.

(6) The arrangements may include provision for payments to be made to, or in relation to, any person carrying out functions in accordance with the arrangements.

(7) A local education authority must have regard to any guidance given from time to time by the Welsh Ministers.”.