C1Part IV Special educational needs
C2F3Chapter I Children F9in wales with special educational needs
Pt. 4 Ch. 1 repealed (1.9.2021 for the repeal of ss. 333(1ZA)(2)-(6), 334-335 and otherwise in force for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(9); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, art. 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3
Words in Pt. 4 Ch. 1 title inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 9; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505))
Pt. 4 Ch. 1 excluded (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 81, 139(6); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
F7Appeals 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 F10... Tribunal
1
This section applies to the rights of a parent of a child to appeal to the F8... 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).
332ZBF11Notice and service of documents on a child
1
This section applies if a local authority F4... 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 authority must 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.
332ZCF5Case friends F1...
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 F6... 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 F2... 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)