Search Legislation

Education (Wales) Measure 2009

Status:

This is the original version (as it was originally enacted).

13Independent advocacy services

This section has no associated Explanatory Notes

After section 28ID of the Disability Discrimination Act 1995 (c. 50) insert—

28IEIndependent advocacy services — Wales

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

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Assembly Government department responsible for the subject matter of the Measure to explain what the Measure sets out to achieve and to make the Measure accessible to readers who are not legally qualified. Explanatory Notes accompany all Measures of the National Assembly for Wales.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources