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• 01 Nov 2024

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  Where a child lacks capacity to understand information, documents given or what it means to exercise their legal rights under Part 2 ALNET the ETW has the power to appoint a case friend to represent the child and take decisions on their behalf: s.85 ALNET.

  Where a case friend has been appointed they will be able to exercise most of the rights under ALNET that the child would have done: see 85(5) ALNET for a list which includes the right to be informed, be able to discuss referral to an NHS body, ask for a review, ask the LA to take over the IDP, request a reconsideration of a finding the Child does not have ALN or the IDP should no longer be maintained and right to appeal to ETW. 

  There may also be occasions where a parent or Young Person lacks capacity. Lacking capacity has the same meaning as set out in the Mental Capacity Act 2005: s.83 (4) ALNET. 

  In those cases, the LA is under a duty to provide for a representative to engage in arrangements for the child’s parent or Young Person: para 40 ALNRegs2021 and that representative can appeal to ETW on their behalf: para 41 ALNRegs2021. The LA must refer the representative to an independent advocacy service if the representative requests it: para 40 ALNRegs2021. 

  Nodi glossary:  Education Tribunal Wales

  

  Nodi No-nonsense Guide Wales
  Authors: Civitas Law education team

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