C1Part IV Special educational needs
Chapter I Children with special educational needs
F2Appeals by children
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.
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)