PART 1EDUCATION APPEALS AND CLAIMS BY CHILDREN

Special educational needs appeals

I16Independent advocacy services

1

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

2

After section 332BA insert the following—

332BBIndependent advocacy services — Wales

1

Every F1local authority in Wales must—

a

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

b

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

c

refer any person who is a case friend for a 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 child—

a

making, or intending to make an appeal to the Tribunal under section 332ZA, or

b

considering whether to appeal to the Tribunal under that section, or

c

taking part in or intending to take part in dispute resolution arrangements made under section 332BA.

3

In making arrangements under this section, every F1local 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 an appeal to the Tribunal, or

b

involved in investigating or adjudicating on such an appeal.

4

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

5

Every F1local authority in Wales must take such steps as they consider appropriate for making the arrangements under this section known to—

a

children in their area,

b

parents of 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 F1local authority must have regard to any guidance given from time to time by the Welsh Ministers.