The Special Educational Needs Tribunal Regulations 1994

Orders for costs and expenses

34.—(1) The tribunal shall not normally make an order in respect of costs and expenses, but may, subject to paragraph (2) below, make such an order—

(a) against a party (including any party who has withdrawn his appeal or reply) if it is of the opinion that that party has acted frivolously or vexatiously or that his conduct in making, pursuing or resisting an appeal was wholly unreasonable;

(b) against an authority which has not delivered a written reply under regulation 12; or

(c) against the authority, where it considers that the disputed decision was wholly unreasonable.

(2) Any order in respect of costs and expenses may be made—

(a) as respects any costs or expenses incurred, or any allowances paid; or

(b) as respects the whole, or any part, of any allowance (other than allowances paid to members of tribunals) paid by the Secretary of State under section 180(3) of the 1993 Act to any person for the purposes of, or in connection with, his attendance at the tribunal.

(3) No order shall be made under paragraph (1) above against a party without first giving that party an opportunity of making representations against the making of the order.

(4) An order under paragraph (1) above may require the party against whom it is made to pay the other party either a specified sum in respect of the costs and expenses incurred by that other party in connection with the proceedings or the whole or part of such costs as taxed (if not otherwise agreed).

(5) Any costs required by an order under this regulation to be taxed may be taxed in the county court according to such of the scales prescribed by the county court rules for proceedings in the county court as shall be directed in the order.