The Special Educational Needs Tribunal for Wales Regulations 2012

Failure to submit a case statement and absence of opposition

25.—(1) The tribunal panel may determine the appeal or the claim without a hearing or by holding a hearing if—

(a) the Secretary of the Tribunal does not receive a case statement from the local authority or the responsible body within the case statement period;

(b) the local authority or the responsible body states in writing that it does not resist—

(i) the appeal which relates to the contents of the child’s statement or a decision to cease to maintain the child’s statement; or

(ii) the claim;

(c) the local authority or the responsible body withdraws its opposition to—

(i) the appeal which relates to the contents of the child’s statement or a decision to cease to maintain the child’s statement; or

(ii) the claim.

(2) Where the tribunal panel determines the appeal or the claim without a hearing it must do so on the basis of the appeal application or claim application and any other documentation already received or amended in accordance with regulation 20(3).

(3) If the tribunal panel decides to hold a hearing in accordance with paragraph (1), it may issue a direction precluding the local authority or the responsible body from attending the hearing or being represented at the hearing.

(4) If the appeal relates to—

(a) the contents of a child’s statement, no statement that the local authority does not resist the appeal or that it withdraws its opposition may take effect until the local authority submits to the Secretary of the Tribunal written confirmation of the amendments (if any) it agrees to make to the child’s statement;

(b) a decision to cease to maintain a statement, no statement that the local authority does not resist the appeal or that it withdraws its opposition may take effect until the local authority submits to the Secretary of the Tribunal written confirmation of its decision not to resist the appeal or to withdraw its opposition.