Education (Additional Support for Learning) (Scotland) Act 2009 (asp 7)

Advocacy services

10 Provision of advocacy service: Tribunal

After section 14 of the 2004 Act (supporters and advocacy), insert—

“14A Provision of advocacy service: Tribunal

(1) The Scottish Ministers must, in respect of Tribunal proceedings, secure the provision of an advocacy service to be available on request and free of charge to the persons mentioned in subsection (2).

(2) The persons are—

(a) in the case of a child, the child’s parent,

(b) in the case of a young person—

(i) the young person, or

(ii) where the young person lacks capacity to participate in discussions or make representations of the type referred to in subsection (3), the young person’s parent.

(3) In subsection (1) “advocacy service” means a service whereby another person conducts discussions with or makes representations to the Tribunal or any other person involved in the proceedings on behalf of a person mentioned in subsection (2).”.