Education (Wales) Measure 2009

18 Power to make provision about appeals and claims by a child

(1) The Welsh Ministers may by order make provision about—

(a) the rights of a child to appeal to the Welsh Tribunal in respect of matters for which a parent has a right to appeal under Part 4 of the Education Act 1996;

(b) the right of a person to make a claim to the Welsh Tribunal in respect of matters for which a parent of that person has a right to make a claim under section 28I of the Disability Discrimination Act 1995;

(c) any matter connected to such rights;

(d) provision of advice and information to children about matters relating to special educational needs;

(e) provision of advice and information to disabled children about matters relating to disability discrimination in schools;

(f) advocacy services about special educational needs or disability discrimination in schools;

(g) arrangements with a view to avoiding or resolving disagreements between—

(i) a local education authority (on the one hand) and a child (on the other) about the exercise by authorities of functions under Part 4 of the Education Act 1996;

(ii) the proprietor of a relevant school (on the one hand) and a child (on the other) about special educational provision (within the meaning of section 312(4) of the Education Act 1996);

(iii) a body responsible for a school (on the one hand) and a disabled child (on the other) about disability discrimination.

(2) The power to make an order under subsection (1) includes power—

(a) to add, remove or modify rights;

(b) to amend or repeal provisions of Part 4 of the Education Act 1996;

(c) to amend or repeal provisions of Part 4 of the Disability Discrimination Act 1995;

(d) to make consequential amendments and repeals to provisions in those Acts.

(3) The power to make an order under this section may not be exercised—

(a) before a report is laid before the National Assembly for Wales under section 17(3), or

(b) after a period of 24 months from the last day of the pilot period specified in regulations under section 17(1).