# The Education Tribunal for Wales Regulations 2021, Regulation 61: How a person becomes a case friend

Extent: E+W

(1) A person who wishes to act as a case friend must submit an application in writing to the Tribunal.
(2) The application must state—
(a) the name and address of the person who wishes to act as the child’s case friend and, if available, the person’s telephone number and e-mail address;
(b) the name and date of birth of the child;
(c) the name and address of the child’s school and the relevant local authority;
(d) the person’s relationship or connection to the child;
(e) a declaration of suitability confirming that the person satisfies the conditions and requirements specified in these Regulations and section 85(6) of the 2018 Act;
(f) supporting evidence of the child’s lack of capacity within the meaning of section 85(1) of the 2018 Act.
(3) The application must include—
(a) the views of the child’s parent in relation to the person’s wish to act as the case friend, or
(b) an explanation of why the person has not established the parent’s views.
(4) Subject to paragraph (5), the declaration of suitability must be accompanied by an enhanced disclosure certificate issued by the Disclosure and Barring Service.
(5) The requirement in paragraph (4) does not apply where the person who wishes to act as the case friend is the child’s parent, step-parent, brother, step-brother, half-brother, sister, step-sister, half-sister, grand-parent, uncle, aunt, nephew or niece.
(6) The Secretary of the Tribunal must—
(a) record on the Tribunal’s register the enhanced disclosure certificate’s number and the start and expiry date, and
(b) use the recorded delivery service to return the enhanced disclosure certificate to the person.
(7) The application must be accompanied by evidence to support the person’s suitability to act as a case friend.
(8) The application must be signed by the person who wishes to act as the child’s case friend.
(9) The person who wishes to act as the child’s case friend must serve a copy of the application on—
(a) the parties to the proceedings,
(b) the child’s parent, and
(c) the child’s school and local authority.

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Source: https://www.legislation.gov.uk/wsi/2021/406/regulation/61 (the official version)
Page: https://openlegislation.uk/education-tribunal-for-wales-regulations-2021/regulation-61
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.