The Special Educational Needs Tribunal (Time Limits) (Wales) Regulations 2001

Compliance with Tribunal Orders

3.—(1) Subject to paragraph (4), if the Tribunal, following an appeal to it by a parent, makes an order requiring an authority to perform an action referred to in paragraph (2) the authority shall perform that action within the period specified in paragraph (2).

(2) In the case of an order—

(a) to make an assessment, the authority shall notify the child’s parent that it will make an assessment under section 323(4) or 329A(7) as the case may be within 4 weeks;

(b) to make and maintain a statement, the authority shall make a statement within 5 weeks;

(c) remitting a case back to the authority under section 325(3)(c), the authority shall within 2 weeks serve a copy of a proposed statement and a notice on the child’s parent under paragraphs 2(1) and 2B(2) of Schedule 27 respectively, or give notice to the child’s parent—

(i) under section 325(1) that they have decided not to make a statement;

(ii) of their reasons for that decision;

(iii) of the parent’s right of appeal against that decision to the Tribunal; and

(iv) of the time limit within which an appeal to the Tribunal must be made;

(d) to amend a statement, the authority shall serve an amendment notice on the child’s parent under paragraph 2A of Schedule 27 within 5 weeks;

(e) to continue to maintain a statement, the authority shall continue to maintain the statement with immediate effect;

(f) to continue to maintain and to amend a statement, the authority shall continue to maintain the statement with immediate effect and shall serve an amendment notice on the child’s parent under paragraph 2A of Schedule 27 within 5 weeks;

(g) to substitute the name of the school or other institution specified in a child’s statement with the name of a school specified by a parent, the authority shall specify the school specified by the parent within 2 weeks; and

(h) dismissing an appeal against a determination to cease to maintain a statement, the authority shall cease to maintain that statement immediately or on a date proposed by the authority, whichever is the later.

(3) In each case the period shall begin on the day after the issue of the order in question.

(4) The authority need not comply with the time limits referred to in paragraph (2) if it is impractical to do so because—

(a) exceptional personal circumstances affect the child or his parent during the relevant time period;

(b) the child or his parent are absent from the area of the authority for a continuous period of not less than 2 weeks during the relevant time period;

(c) the child’s parent indicates that he wishes to make representations to the authority about the content of the statement under paragraph 4(1) of Schedule 27 after the expiry of the 15-day period for making such representations provided for in paragraph 4(4) of that Schedule;

(d) a meeting between the child’s parent and an officer of the authority has been held pursuant to paragraph 4(1) of Schedule 27 and the child’s parent under paragraph 4(2) of that Schedule has either required that another such meeting be arranged or has required that a meeting with the appropriate person be arranged; or

(e) the authority have sent a written request to the National Assembly for Wales seeking its consent under section 347(5) to the child being educated at an independent school which is not approved by it and such consent has not been received by the authority within 3 weeks of the day on which the request was sent.