PART 3Children and young people in England with special educational needs or disabilities
Appeals, mediation and dispute resolution
59Appeals and claims by children: follow-up provision
(1)
The Secretary of State may by order provide that children in England may—
(a)
appeal to the First-tier Tribunal under section 51;
(b)
make a claim to the First-tier Tribunal under Schedule 17 to the Equality Act 2010 (disabled pupils: enforcement) that a responsible body in England has contravened Chapter 1 of Part 6 of that Act because of the child’s disability.
(2)
(3)
An order under subsection (1) may, in particular, make provision—
(a)
about the age from which children may appeal or make a claim;
(b)
in respect of appeals under section 51, about mediation and the application of section 55;
(c)
about the bringing of appeals or making of claims by a child and by his or her parent concurrently;
(d)
about determining whether a child is capable of bringing an appeal or making a claim, and the assistance and support a child may require to be able to do so;
(e)
enabling a person to exercise a child’s rights under an order under subsection (1) on behalf of the child;
(f)
enabling children to have access to advice and information which is available to a parent or young person in respect of an appeal or claim of a kind mentioned in subsection (1);
(g)
about the provision of advocacy and other support services to children;
(h)
requiring notices to be given to a child (as well as to his or her parent);
(i)
requiring documents to be served on a child (as well as on his or her parent).
(4)
An order under subsection (1) may—
(a)
amend, repeal or revoke a statutory provision, or
(b)
apply a statutory provision, with or without modifications.
(5)
In subsection (4), “statutory provision” means a provision made by or under this or any other Act, whenever passed or made.