Additional Learning Needs and Education Tribunal (Wales) Act 2018

Valid from 01/09/2021

69 Independent advocacy services E+W

(1) A local authority must—

(a) make arrangements for the provision of independent advocacy services for the children and young people for whom it is responsible;

(b) refer any child or young person for whom it is responsible who requests independent advocacy services to an independent advocacy service provider;

(c) refer any person who is a case friend for a child for whom it is responsible and who requests independent advocacy services to an independent advocacy service provider.

(2) In this section “independent advocacy services” means advice and assistance (by way of representation or otherwise) to a child, a young person or a case friend—

(a) making, or intending to make, an appeal to the Education Tribunal for Wales under this Part,

(b) considering whether to appeal to the Tribunal, or

(c) taking part in or intending to take part in arrangements made under section 68.

(3) In making arrangements under this section, a 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 an appeal to the Tribunal, or

(b) involved in investigating or adjudicating on such an appeal.

(4) The arrangements may include provision for the local authority to make payments to, or in relation to, any person carrying out functions in accordance with the arrangements made under this section.