C1Part IV Special educational needs

Annotations:
Modifications etc. (not altering text)
C1

Pt. 4 power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 18, 26(3); S.I. 2012/320, art. 2(g)

Chapter I Children with special educational needs

F2Appeals by children

Annotations:
Amendments (Textual)
F2

S. 332ZA and cross-heading inserted (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 1(2), 26(3) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 3(a)

332ZARight of a child to appeal to the Welsh Tribunal

1

This section applies to the rights of a parent of a child to appeal to the Welsh Tribunal under any of the following provisions—

a

section 325(2) (appeal against decision not to make statement);

b

section 326(1) (appeal against contents of statement);

c

section 328(3)(b) (reviews of educational needs);

d

section 329(2)(b) (assessment of educational needs at request of child's parent);

e

section 329A(8)(b) (review of assessment of educational needs at request of responsible body);

f

paragraph 8(3)(b) of Schedule 27 (change of named school);

g

paragraph 11(2)(b) of Schedule 27 (ceasing to maintain a statement).

2

The child may exercise the rights conferred on the parent in respect of that child.

3

The child's rights are exercisable concurrently with the parent's rights.

4

The exercise of rights under this section is subject to provision made by regulations under sections 332ZC and 336(1).

332ZBF3Notice and service of documents on a child

1

This section applies if a local authority in Wales is required to give notice to or serve a document on a parent of a child under any of the following provisions—

a

section 325 (appeal against decision not to make statement);

b

section 328 (reviews of educational needs);

c

section 329 (assessment of educational needs at request of child's parent);

d

section 329A(8) (review or assessment of educational needs at request of responsible body);

e

paragraph 3 of Schedule 26 (manner and timing of assessments);

f

paragraph 2A of Schedule 27 (amendments to a statement);

g

paragraph 2B(2) of Schedule 27 (provision of additional information);

h

paragraph 6 of Schedule 27 (service of statement);

i

paragraph 8 of Schedule 27 (change of named school);

j

paragraph 11 of Schedule 27 (ceasing to maintain a statement).

2

The local authoritymust give notice to, or serve the document on, the child as well as on the parent.

3

Any provision applicable to notices given to or documents served on a parent applies equally to notices given to or documents served on a child.

332ZCF1Case friends — Wales

1

The Welsh Ministers may provide by regulations for a child to have a person (referred to in this Part as a “case friend”)—

a

to make representations on behalf of a child with a view to avoiding or resolving disagreements about the exercise by local education authorities in Wales of functions under this Part, and

b

to exercise the rights of a child under section 332ZA on the child's behalf.

2

A child's case friend must—

a

make representations and exercise rights fairly and competently,

b

have no interest adverse to that of the child;

c

ensure that all steps and decisions taken by the case friend are for the benefit of the child and take account of the child's views.

3

Regulations made under this section may (among other things)—

a

confer functions on the Welsh Tribunal;

b

make provision about procedures in relation to case friends;

c

make provision about the appointment and removal of case friends;

d

specify the circumstances in which a person may or may not act as a case friend;

e

specify the circumstances in which a child must have a case friend;

f

specify further requirements in respect of the conduct of case friends.