Part IVE+W Special educational needs

Modifications etc. (not altering text)

[F1Chapter IE+W Children [F2in wales] with special educational needs

Textual Amendments

F1Pt. 4 Ch. 1 repealed (1.9.2021 for the repeal of ss. 333(1ZA)(2)-(6), 334-335 and otherwise in force for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified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

F2Words 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))

Modifications etc. (not altering text)

C2Pt. 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)

[F3 General duties of [F4local authorities]] E+W

Textual Amendments

F3S. 332A and preceding cross-heading inserted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 2 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

[F5332BBIndependent advocacy services F6...E+W

(1)Every local authority F7... must—

(a)make arrangements for the provision of independent advocacy services in their area;

(b)refer any child in their area who requests independent advocacy services to a service provider;

(c)refer any person who is a case friend for a child in their area and who requests independent advocacy services to a service provider.

(2)In this section “independent advocacy services” are services providing advice and assistance (by way of representation or otherwise) to a child—

(a)making, or intending to make an appeal to the Tribunal under section 332ZA, or

(b)considering whether to appeal to the Tribunal under that section, or

(c)taking part in or intending to take part in dispute resolution arrangements made under section 332BA.

(3)In making arrangements under this section, every 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 must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.

(5)Every local authority F8... must take such steps as they consider appropriate for making the arrangements under this section known to—

(a)children in their area,

(b)parents of children in their area,

(c)head teachers and proprietors of schools in their area, and

(d)such other persons as they consider appropriate.

(6)The arrangements may include provision for payments to be made to, or in relation to, any person carrying out functions in accordance with the arrangements.

(7)A local authority must have regard to any guidance given from time to time by the Welsh Ministers.]]

Textual Amendments

F5S. 332BB inserted (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 6(2), 26(3) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 3(e)

F6Word in s. 332BB title omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 28(3); 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)

F7Words in s. 332BB(1) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 28(2); 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)

F8Words in s. 332BB(5) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 28(2); 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)