SCHEDULES
C1 SCHEDULE 17Disabled pupils: enforcement
Part 2Tribunals in England and Wales
F1Independent advocacy services — Wales
Sch. 17 para. 6D and cross-heading inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 15(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 9); S.I. 2012/320, art. 3(j)
6D
1
Every local authority in Wales must—
a
make arrangements for the provision of independent advocacy services in its area;
b
refer any disabled child in its area who requests independent advocacy services to a service provider;
c
refer any person who is a case friend for a disabled child in its area and who requests independent advocacy services to a service provider.
2
In this paragraph “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 has contravened Chapter 1 of Part 6 because of the child's disability; 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 paragraph 6C.
3
In making arrangements under this paragraph, every local 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 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 it considers appropriate for making the arrangements under this paragraph known to—
a
disabled children in its area,
b
parents of disabled children in its area,
c
head teachers and proprietors of schools in its area, and
d
such other persons as it considers 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.
Sch. 17: power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 18(2)(c) (as amended by S.I. 2011/1651, art. 12(b)); S.I. 2012/320, art. 2(g)