The Special Educational Needs Tribunal Regulations 2001

(B) THE AUTHORITY

Statement of authority’s case, and supplementary provisions

13.—(1) During the case statement period, the authority shall deliver to the Secretary of the Tribunal a written statement of its case and all written evidence which it wishes to submit to the Tribunal.

(2) The statement of the authority’s case shall be signed by an officer of the authority who is authorised to sign such documents, and shall state whether or not the authority intends to oppose the appeal, and if it does intend to oppose the appeal shall state—

(a) the grounds on which it relies;

(b) the name and profession of the representative of the authority and the address for service of the authority for the purposes of the appeal;

(c) a summary of the facts relating to the disputed decision;

(d) the reasons for the disputed decision, if they are not included in the decision;

(e) the views of the child concerning the issues raised by the appeal, or the reasons why the authority has not ascertained those views.

(3) In exceptional circumstances the authority may amend its statement of case, deliver a supplementary statement of case or amend a supplementary statement of case if permission is given by—

(a) the President, at any time before the hearing; or

(b) the tribunal at the hearing.

(4) The authority shall deliver to the Secretary of the Tribunal a copy of every amendment and supplementary statement for which permission was given.

(5) If the President gives permission under paragraph (3) he shall consider extending the case statement period.

Authority’s representative

14.—(1) The authority may at any time change its representative for the purposes of the appeal by notifying the Secretary of the Tribunal of the name and profession of its new representative.

(2) References in these Regulations (however expressed) to sending documents to, or giving notice to, the authority shall be construed as references to sending documents to, or giving notice to, the representative named in accordance with regulation 13(2)(b) or paragraph (1) above.

Failure to deliver a statement of case and absence of opposition

15.—(1) If the Secretary of the Tribunal does not receive a statement of case from the Authority within the case statement period or if the authority states in writing that it does not resist the appeal, or withdraws its opposition to the appeal, the tribunal shall—

(a) determine the appeal on the basis of the notice of appeal without a hearing; or

(b) without notifying the authority hold a hearing at which the authority is not represented.

(2) Where the parent’s appeal relates to the contents of the child’s statement, no statement that the authority does not resist the appeal or that it withdraws its opposition shall take effect until the authority sends the Tribunal a written statement of the amendments (if any) to the statement which it agrees to make.

Representation at hearing and further action by the authority

16.—(1) At a hearing or part of a hearing the authority may be represented by one person whether or not legally qualified:

Provided that if the President gives permission before the hearing or the tribunal gives permission at the hearing the authority may be represented by more than one person.

(2) The authority shall give the Secretary of the Tribunal the information requested in the enquiry made under regulation 20.

(3) If the authority does not intend to be represented at the hearing it may, not less than five working days before the hearing, send to the Secretary of the Tribunal additional representations in support of its case.