The Special Educational Needs Tribunal Regulations 2001

PART 1 GENERAL

Citation, commencement and application

1.—(1) These Regulations may be cited as the Special Educational Needs Tribunal Regulations 2001 and shall come into force on 1st September 2001.

(2) These Regulations apply to all appeals to the Tribunal where the notice of appeal is entered in the records of the Tribunal on or after 1st September 2001.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the 1996 Act” means the Education Act 1996;

“the authority” means the local education authority which made the disputed decision;

“the case statement period” is the period specified in the notice given under regulation 18(1), including any extension ordered by the President under regulation 51(1);

“child” means the child in respect of whom the appeal is brought;

“child’s statement” means the statement of special educational needs relating to the child made under section 324 of the 1996 Act;

“disputed decision” means the decision or determination in respect of which the appeal is brought;

“the clerk to the tribunal” means the person appointed by the Secretary of the Tribunal to act in that capacity at one or more hearings;

“hearing” means a sitting of the tribunal constituted for the purpose of receiving evidence, hearing addresses and witnesses or doing anything lawfully requisite to enable the tribunal to reach a decision on any question;

“parent” means, except in regulations 7, 30(2) and (8) and 39(6), a parent who has made an appeal to the Tribunal under the 1996 Act;

“records” means the records of the Tribunal;

“the Secretary of the Tribunal” means the person for the time being acting as the Secretary of the office of the Tribunal;

“the tribunal” means the Special Educational Needs Tribunal but where the President has determined pursuant to regulation 4(1) that the jurisdiction of the Tribunal is to be exercised by more than one tribunal, it means, in relation to any proceedings, the tribunal to which the proceedings have been referred by the President;

“working day”, except in regulation 28, means any day other than—

(a)

a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971; or

(b)

a day in August;

“written evidence” includes evidence recorded in any way.

(2) Nothing in these Regulations authorises a body corporate to take any steps in proceedings or to attend a hearing other than by a representative.

Members of lay panel

3.  No person may be appointed as a member of the lay panel unless the Secretary of State in respect of England, and the National Assembly for Wales in respect of Wales, is satisfied that he has knowledge and experience of children with special educational needs and that he is not eligible for appointment to the chairmen’s panel.

Establishment of tribunals

4.—(1) The President may from time to time determine the number of tribunals to exercise the jurisdiction of the Tribunal.

(2) The tribunals shall sit at such times and in such places as may from time to time be determined by the President.

Membership of tribunal

5.—(1) Subject to the provisions of regulation 32(5), the tribunal shall consist of a chairman and two other members.

(2) For each hearing—

(a) the chairman shall be the President or a person selected by him from the chairman’s panel; and

(b) the two other members of the tribunal shall be selected from the lay panel by the President.

Proof of documents and certification of decisions

6.—(1) A document purporting to be a document issued by the Secretary of the Tribunal on behalf of the Tribunal shall, unless the contrary is proved, be deemed to be a document so issued.

(2) A document purporting to be certified by the Secretary of the Tribunal to be a true copy of a document containing a decision of the tribunal shall, unless the contrary is proved, be sufficient evidence of its contents.