15Independent advocacy services

1

Schedule 17 to the Equality Act 2010 is amended in accordance with this section.

2

After paragraph 6C (resolution of disputes — Wales) insert—

6D

Independent advocacy services — Wales

1

Every local authority in Wales must—

a

make arrangements for the provision of independent advocacy services in its area;

b

refer any disabled child in its area who requests independent advocacy services to a service provider;

c

refer any person who is a case friend for a disabled child in its area and who requests independent advocacy services to a service provider.

2

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

a

making, or intending to make a claim that a responsible body has contravened Chapter 1 of Part 6 because of the child’s disability; or

b

considering whether to make such a claim; or

c

taking part in or intending to take part in dispute resolution arrangements made under paragraph 6C.

3

In making arrangements under this paragraph, 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 a claim to the Tribunal, or

b

involved in investigating or adjudicating on such a claim.

4

The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.

5

Every local authority in Wales must take such steps as it considers appropriate for making the arrangements under this paragraph known to—

a

disabled children in its area,

b

parents of disabled children in its area,

c

head teachers and proprietors of schools in its area, and

d

such other persons as it considers 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.