C1Part IV Education

Annotations:
Modifications etc. (not altering text)
C1

Pt. 4: power to amend or repeal Pt. 4 conferred (W.) (prosp.) by Education (Wales) Measure 2009 (nawm 5), ss. 18, 26

F2Chapter 1 SCHOOLS

Annotations:
Amendments (Textual)
F2

Pt. IV: Chapter heading, cross-heading and s. 28A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 11(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F1 Enforcement: England and Wales

Annotations:
Amendments (Textual)
F1

Pt. IV Ch. 1: Cross-heading and s. 28H inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 17(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

28IEIndependent advocacy services — Wales

1

Every local 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 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 authority must have regard to any guidance given from time to time by the Welsh Ministers.