The Education Tribunal for Wales Regulations 2021

Appellant or claimant’s case statement E+W

18.—(1) The appellant or the claimant must submit to the Secretary of the Tribunal before the end of their case statement period, as the case may be—

(a) a case statement, and

(b) all other evidence to be relied on which has not already been submitted.

(2) The case statement must include—

(a) where the appellant or the claimant is the parent of the child—

(i) the views of the child on the issues raised in the appeal or the claim, or

(ii) an explanation of why the appellant or claimant has not established the child’s views;

(b) where the appellant or the claimant is the child—

(i) the views of the child’s parent on the issues raised in the appeal or the claim, or

(ii) an explanation of why the appellant or claimant has not established the parent’s views.

(3) If the President gives permission, the appellant or the claimant may—

(a) amend the appeal application or the claim application;

(b) submit a supplementary statement of reasons in support of the appeal application or the claim application;

(c) amend a supplementary statement of reasons in support of the appeal application or the claim application;

(d) submit a supplementary case statement;

(e) amend a supplementary case statement.

(4) The appellant or the claimant must submit to the Secretary of the Tribunal a copy of every amendment and supplementary statement for which permission was given under paragraph (3) within the time period granted.

(5) If an appeal application is amended in accordance with paragraph (3) so that the appellant makes an appeal under section 70(2)(f) and (g) of the 2018 Act the appellant must notify the head teacher of the maintained school named in the amended appeal application, stating the name and date of birth of the child.

(6) If the school referred to in paragraph (5) is not maintained by the local authority, the appellant must notify the authority that maintains the school.

(7) Where permission is given under paragraph (3), the President may, if necessary, extend the case statement period under regulation 65 or, if it has expired, grant such further period as the President considers appropriate.

(8) If, at the time permission is given under paragraph (3), the respondent local authority, FEI governing body or the responsible body has lost its entitlement to attend or be represented at the hearing in accordance with regulation 23 or 33, the giving of permission restores such entitlement and, if necessary, the hearing may be postponed or adjourned, as appropriate, the respondent can be represented.

Commencement Information

I1 Reg. 18 in force at 1.9.2021, see reg. 1