The Education Tribunal for Wales Regulations 2021

Action by the Secretary of the Tribunal E+W

13.—(1) Upon receiving the appeal application or the claim application the Secretary of the Tribunal must—

(a) enter its particulars in the Register, and

(b) send to the appellant or claimant—

(i) an acknowledgement of its receipt and a note of the case number entered in the Register,

(ii) a note of the address to which notices and communications for the Tribunal should be sent,

(iii) notification that advice about the appeals or claims procedure may be obtained from the office of the Tribunal,

(iv) notification that local authorities have duties to put in place arrangements for independent advocacy services for children and young people for whom they are responsible,

(v) a statement of the possible consequences for the appeal or claim, if a party fails to comply with regulation 5 (parties’ obligation to co-operate), and

(vi) a notification that parties may submit written witness statements and call witnesses in accordance with regulation 43.

(2) The Secretary of the Tribunal must send to the FEI governing body, local authority or responsible body, as the case may be—

(a) a copy of the appeal application or the claim application and any accompanying documents,

(b) a note of the address to which notices and communications for the Tribunal should be sent,

(c) when a case statement is an accompanying document under sub-paragraph (a), or when it is separately received, a notice stating the time for submitting the case statement of the FEI governing body, local authority or responsible body and evidence under regulation 19 and the consequences of failing to do so,

(d) a statement of the possible consequences for the appeal or claim, if a party fails to comply with regulation 5 (parties’ obligation to co-operate), and

(e) a notification that parties may submit written witness statements and call witnesses in accordance with regulation 43.

(3) If it is necessary to determine the identity of the responsible body in relation to a claim, the President or the Secretary of the Tribunal may make such enquiries as are necessary for this purpose.

(4) Where it appears to the President or the Secretary of the Tribunal that there may be more than one responsible body in relation to a claim, the Tribunal may send the documentation specified in paragraph (2) to any or all such bodies as may be appropriate.

(5) Where the President is of the opinion that on the basis of the appeal application or the claim application, the person making the appeal or the claim is asking the Tribunal to consider a matter which is outside its powers, the Secretary of the Tribunal may give notice to the person—

(a) stating the reasons for the opinion, and

(b) informing the person that the appeal application or the claim application must not be entered in the Register unless, within a specified time (which must not be less than 5 working days), the person notifies the Secretary of the Tribunal that the person wishes to proceed with the appeal or claim.

(6) If the Secretary of the Tribunal has given a notice under paragraph (5), the appeal application or the claim application is to be treated as having been received for the purposes of paragraph (1) when the person making the appeal or claim notifies the Secretary of the Tribunal that the person wishes to proceed with the appeal or claim.

(7) Where the Secretary of the Tribunal is of the opinion that there is an obvious error in the appeal application or the claim application, the Secretary of the Tribunal may correct that error.

(8) Where an error has been corrected in accordance with paragraph (7), the Secretary of the Tribunal must notify the person making the appeal or claim of the correction and state the effect of paragraph (9).

(9) Unless the person making the appeal or claim informs the Secretary of the Tribunal within 5 working days of the notification given under paragraph (8) that the person objects to the correction, the appeal application or the claim application as corrected must be treated as the appeal application or the claim application for the purposes of these Regulations.

(10) The Secretary of the Tribunal must send all documents and notices concerning the appeal or the claim to the appellant or the claimant.

(11) Paragraph (10) applies—

(a) unless the appellant or the claimant notifies the Secretary of the Tribunal that all documents and notices concerning the appeal or the claim must be sent to their representative instead of the appellant or claimant;

(b) unless a case friend has been appointed in accordance with section 85 of the 2018 Act and regulations 60 to 62.

(12) If paragraph (11)(a) or (b) applies, references in these Regulations (however expressed) to sending documents to, or giving notice to, the appellant or the claimant must be construed as references to sending documents to, or giving notice to, the representative or to the case friend, as the case may be.

Commencement Information

I1 Reg. 13 in force at 1.9.2021, see reg. 1