C1PART 3Children and young people in England with special educational needs or disabilities

Annotations:
Modifications etc. (not altering text)

Appeals, mediation and dispute resolution

I158F1Appeals and claims by children: pilot schemes

1

The Secretary of State may by order make pilot schemes enabling children in England to—

a

appeal to the First-tier Tribunal under section 51;

b

make a claim to the First-tier Tribunal under Schedule 17 to the Equality Act 2010 (disabled pupils: enforcement) that a responsible body in England has contravened Chapter 1 of Part 6 of that Act because of the child's disability.

2

An order under subsection (1) may, in particular, make provision—

a

about the age from which children may appeal or make a claim;

b

in respect of appeals under section 51, about mediation and the application of section 55;

c

about the bringing of appeals or making of claims by a child and by his or her parent concurrently;

d

about determining whether a child is capable of bringing an appeal or making a claim, and the assistance and support a child may require to be able to do so;

e

enabling a person to exercise a child's rights under an order under subsection (1) on behalf of the child;

f

enabling children to have access to advice and information which is available to a parent or young person in respect of an appeal or claim of a kind mentioned in subsection (1);

g

about the provision of advocacy and other support services to children;

h

requiring notices to be given to a child (as well as to his or her parent);

i

requiring documents to be served on a child (as well as on his or her parent).

3

An order under subsection (1) may apply a statutory provision, with or without modifications.

4

In subsection (3), “ statutory provision ” means a provision made by or under this or any other Act, whenever passed or made.

5

This section is repealed at the end of five years beginning with the day on which this Act is passed.