C1Part IV Education
F2Chapter 1 SCHOOLS
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
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.
Pt. 4: power to amend or repeal Pt. 4 conferred (W.) (prosp.) by Education (Wales) Measure 2009 (nawm 5), ss. 18, 26