http://www.legislation.gov.uk/uksi/2002/1985/contents/made

The Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002

Hearings

Special educational needs and additional support

State schools

Access for disabled people

Disability discrimination

King's Printer of Acts of Parliament

2015-04-28

DISABLED PERSONS

EDUCATION, ENGLAND AND WALES

These Regulations contain general provisions relating to the Special Educational Needs and Disability Tribunal (the Tribunal) and also deal with the procedures of the Tribunal for claims of disability discrimination in schools.

The Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002

reg. 1(2)

(3)

The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

Sch. 1

para. 183

art. 1

The Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002

reg. 2

The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

Sch. 1

para. 184

art. 1

The Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002

reg. 3

The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

Sch. 1

para. 185

art. 1

The Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002

reg. 4

The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

Sch. 1

para. 186

art. 1

The Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002

reg. 30(2)(f)

The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

Sch. 1

para. 187

art. 1

The Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002

reg. 39A

The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

Sch. 1

para. 188

art. 1

The Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002

reg. 48(1)

(2)

(3)

The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

Sch. 1

para. 189

art. 1

The Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002

reg. 48 title

The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

Sch. 1

para. 189

art. 1

The Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002

reg. 7(1)(a)(v)

The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010

The Local Education Authorities and Children's Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010

Gorchymyn Awdurdodau Addysg Lleol ac Awdurdodau Gwasanaethau Plant (Integreiddio Swyddogaethau) (Is-ddeddfwriaeth) (Cymru) 2010

Sch. 2

para. 8(2)

art. 1(1)

The Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002

reg. 27(2)

The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010

The Local Education Authorities and Children's Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010

Gorchymyn Awdurdodau Addysg Lleol ac Awdurdodau Gwasanaethau Plant (Integreiddio Swyddogaethau) (Is-ddeddfwriaeth) (Cymru) 2010

Sch. 2

para. 8(3)

art. 1(1)

regulations

art. 4(3)

art. 4(4)

art. 1(1)

The Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002

The Special Educational Needs Tribunal for Wales Regulations 2012

Rheoliadau Tribiwnlys Anghenion Addysgol Arbennig Cymru 2012

The Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002

PART IGENERAL PROVISIONS

1Citation, commencement, application and extent

2Interpretation

3Members of lay panel

4Establishment of tribunals

5Membership of tribunal

6Proof of documents and certification of decisions

PARTS II TO VDISABILITY CLAIMS PROCEDURE

PART IIMAKING A CLAIM AND STATEMENTS OF CASE

(A) THE PARENT

7Notice of claim

8Reasons for making a claim

9Statement of parent’s case, and supplementary provisions

10Withdrawal of a claim

11Further action by the parent

12Parent’s representatives

(B) THE RESPONSIBLE BODY

13Statement of the responsible body’s case, and supplementary provisions

14Responsible body’s representative

15Failure to deliver a statement of case and absence of opposition

16Representation at hearing and further action by the responsible body

PART IIIPREPARATION FOR A HEARING

17Acknowledgement of claim and service of documents by the Secretary of the Tribunal

18Case statement period

19Copy of documents for parties

20Enquiries by the Secretary of the Tribunal

21Directions and determination of preliminary issues

22Varying or setting aside directions

23Particulars, and supplementary statements

24Disclosures of documents and other material

25Failure to comply with directions

26Summoning witnesses

27Consolidating claims and hearing claims together with appeals under Part IV of the Education Act 1996

28Notice of place and time of hearings and adjournments

PART IVDETERMINATION OF CLAIMS

29Power to determine a claim without a hearing

30Hearings to be in private: arrangements and exceptions

31Failure of parties to attend a hearing

32Procedure at a hearing

33Late written evidence

34Evidence at a hearing

35Adjournments and directions

36Decision of the tribunal

37Application or proposal for review of tribunal’s decision

38Review of tribunal’s decision

39Review of the President’s decision

40Orders for costs and expenses

PART VADDITIONAL POWERS OF THE TRIBUNAL

41Transfer of proceedings

42Regulation of proceedings

43Decisions agreed by the parties

44Power to strike out

45Power to exercise powers of President and chairman

46Power to exercise the functions of a lay member

47The Secretary of the Tribunal

48Orders of the Court

49Irregularities

50Method of sending, delivering or serving notices and documents

51Extensions of time

2002 No. 1985

DISABLED PERSONS

EDUCATION, ENGLAND AND WALES

The Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002

Made24th July 2002

Laid before Parliament5th August 2002

Coming into force1st September 2002

In exercise of the powers conferred by sections 28J (1), (2), (3) and (8), 67 (1) and (3) and 68 (1) of the Disability Discrimination Act 19951, and sections 333 (5), 334 (2), 336(1), 569 (1) and 579 (1) of the Education Act 19962, the Secretary of State for Education and Skills, with the agreement of the National Assembly for Wales in accordance with section 28J (4) of the Disability Discrimination Act 1995 and article 5 of the National Assembly for Wales (Transfer of Functions) Order 19993, and after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 19924, hereby makes the following Regulations—