The Special Educational Needs Tribunal Regulations 1994

PART 2 MAKING AN APPEAL TO THE TRIBUNAL AND REPLY BY THE AUTHORITY

(A) THE PARENT

Notice of appeal

7.—(1) An appeal to the Special Educational Needs Tribunal shall be made by notice which—

(a) shall state—

(i) the name and address of the parent making the appeal;

(ii) the name of the child;

(iii) that the notice is a notice of appeal;

(iv) the name of the authority which made the disputed decision and the date on which the parent was notified of it;

(v) the grounds of the appeal;

(b) shall be accompanied (as appropriate) by—

(i) a copy of the notice of the disputed decision;

(ii) a copy of the child’s statement of special educational needs; and

(c) may state the name, address and profession of any representative of the parent to whom the tribunal should send replies or notices concerning the appeal instead of to the parent.

(2) The parent shall sign the notice of appeal.

(3) The parent must deliver the notice of appeal to the Secretary of the Tribunal so that it is received no later than the first working day after the expiry of 2 months from the date on which the authority gave him notice, pursuant to the 1993 Act, that he had a right of appeal.

Response, amendment of appeal and delivery of supplementary grounds of appeal

8.—(1) If the authority delivers a reply under regulation 12 the parent may deliver a written response to it.

(2) A response under paragraph (1) above must be delivered to the Secretary of the Tribunal not later than 15 working days from the date on which the parent receives a copy of the authority’s written reply from the Secretary of the Tribunal.

(3) The parent may in exceptional cases (in addition to delivering a response under paragraph (1) above)—

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

(b) with the permission of the tribunal at the hearing itself—

amend the notice of appeal or any response, deliver a supplementary statement of grounds of appeal or amend a supplementary statement of grounds of appeal.

(4) The parent shall deliver a copy of every amendment and supplementary statement made under paragraph (3) above before the hearing to the Secretary of the Tribunal.

Withdrawal of appeal

9.  The parent may—

(a) at any time before the hearing of the appeal withdraw his appeal by sending to the Secretary of the Tribunal a notice signed by him stating that he withdraws his appeal;

(b) at the hearing of the appeal, withdraw his appeal.

Further action by parent

10.—(1) The parent shall supply the Secretary of the Tribunal with the information requested in the enquiry made under regulation 18.

(2) If the parent does not intend to attend or be represented at the hearing, he may, not less than 5 working days before the hearing, send to the Secretary of the Tribunal additional written representations in support of his appeal.

Representatives of the parent: further provisions

11.—(1) Where a parent has not stated the name of a representative in the notice of appeal pursuant to regulation 7(1)(c) he may at any time before the hearing notify the Secretary of the Tribunal of the name, address and profession of a representative to whom the tribunal should send any subsequent documents or notices concerning the appeal instead of to the parent.

(2) Where a parent has stated the name of a representative, whether in the notice of appeal pursuant to regulation 7(1)(c) or pursuant to paragraph (1) above, he may at any time notify the Secretary of the Tribunal—

(a) of the name, address and profession of a new representative of the parent to whom the tribunal should send documents or notices concerning the appeal instead of to the representative previously notified; or

(b) that no person is acting as a representative of the parent and accordingly any subsequent documents or notices concerning the appeal should be sent to the parent himself.

(3) At a hearing, the parent may conduct his case himself (with assistance from one person if he wishes) or may appear and 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 parent may obtain assistance or be represented by more than one person.

(B) THE REPLY BY THE AUTHORITY

Action by the authority on receipt of a notice of appeal

12.—(1) An authority which receives a copy of a notice of appeal shall deliver to the Secretary of the Tribunal a written reply acknowledging service upon it of the notice of appeal and stating—

(a) whether or not the authority intends to oppose the appeal and, if it does intend to oppose the appeal, the grounds on which it relies; and

(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.

(2) The authority shall include with its reply a statement summarising the facts relating to the disputed decision and, if they are not part of that decision, the reasons for the disputed decision.

(3) Every such reply shall be signed by an officer of the authority who is authorised to sign such documents and shall be delivered to the Secretary of the Tribunal not later than 20 working days after the date on which the copy of the notice of appeal was received by the authority from the Secretary of the Tribunal.

Amendment of reply by the authority

13.—(1) The authority, if it has delivered a reply pursuant to regulation 12, may, in exceptional cases—

(a) with the permission of the President at any time before the hearing; or

(b) with the permission of the tribunal at the hearing itself

amend its reply, deliver a supplementary reply or amend a supplementary reply.

(2) The President or, as the case may be, the tribunal may give permission under paragraph (1) above on such terms as he or it thinks fit including the payment of costs or expenses.

(3) The authority shall send a copy of every amendment and supplementary statement made before the hearing to the Secretary of the Tribunal.

Notice that an appeal is misconceived

14.—(1) Where the authority is of the opinion that an appeal does not lie to, or cannot be entertained by, the Special Educational Needs Tribunal, it may serve a notice to that effect on the Secretary of the Tribunal stating the grounds for such contention and applying for the appeal to be struck out.

(2) The Secretary of the Tribunal shall send a copy of the notice and of any accompanying documents to the parent.

(3) An application under this regulation may be heard by the tribunal as a preliminary point of law or at the beginning of the hearing of the substantive appeal.

Failure to reply and absence of opposition

15.  If no reply is received by the Secretary of the Tribunal within the time appointed by regulation 12(3) or if the authority states in writing that it does not resist the appeal, or withdraws its opposition to the appeal, the tribunal may determine the appeal on the basis of the notice of appeal without a hearing or may (without notifying the authority) hold a hearing at which the authority is not represented.

Representation at hearing and further action by the authority

16.—(1) At 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 supply the Secretary of the Tribunal with the information requested in the enquiry made under regulation 18.

(3) If the authority does not intend to attend or be represented at the hearing it may, not less than 5 working days before the hearing, send to the Secretary of the Tribunal additional written representations in support of its reply.