Commentary on Sections of the Act Part 2 – Additional Learning Needs Chapter 5 – General Section 85 - Case friends for children who lack capacity
179.Section 85 provides for a “case friend” to be appointed (or removed) by order of the Tribunal, where the child lacks the capacity to conduct appeals, make decisions in respect of rights conferred by the Act, or understand information or documents which are sent to them.
180.A case friend is able to represent and support the child, take decisions on their behalf and exercise the child’s rights under the Act. The case friend must, amongst other things, act fairly and competently and for the benefit of the child (subsection (6)).
181.Regulations made under this section will allow the Welsh Ministers to provide further details on how case friends might be used to support the rights of children. Having a case friend will allow children who, for example, may not receive assistance from their parent to bring an appeal or exercise other rights under the Act.