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Special Educational Needs Tribunal Regulations (Northern Ireland) 1997

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Review of the tribunal’s decision

31.—(1) Any party may apply to the Secretary of the Tribunal for the decision of the tribunal to be reviewed on the grounds that—

(a)its decision was wrongly made as a result of an error on the part of the tribunal staff;

(b)a party, who was entitled to be heard at a hearing but failed to appear or to be represented, had good and sufficient reason for failing to appear;

(c)there was an obvious error in the decision of the tribunal which decided the case; or

(d)the interests of justice require.

(2) An application for the purposes of paragraph (1) shall be made not later than 10 working days after the date on which the decision was sent to the parties and shall be in writing stating the grounds in full.

(3) An application for the purposes of paragraph (1) may be refused by the President, or by the chairman of the tribunal which decided the case, if in his opinion it has no reasonable prospect of success, but if such an application is not refused—

(a)the parties shall have an opportunity to be heard on the application for review; and

(b)the review shall be determined by the tribunal which decided the case or, where it is not practicable for it to be heard by that tribunal, by a tribunal appointed by the President.

(4) The tribunal may of its own motion review its decision on any of the grounds referred to in sub-paragraphs (a) to (d) of paragraph (1), and if it proposes to do so—

(a)it shall serve notice on the parties not later than 10 working days after the date on which the decision was sent to the parties; and

(b)the parties shall have an opportunity to be heard on the proposal for review.

(5) If, on the application of a party under paragraphs (1) to (3) or of its own motion under paragraph (4) the tribunal is satisfied as to any of the grounds referred to in sub-paragraphs (a) to (d) of paragraph (1), the tribunal may review and, by certificate under the chairman’s hand, set aside or vary the relevant decision.

(6) If, having reviewed the decision, the decision is set aside, the tribunal shall substitute such decision as it thinks fit or order a rehearing before either the same or a differently constituted tribunal.

(7) If any decision is set aside or varied under this regulation or altered in any way by order of a superior court, the Secretary of the Tribunal shall alter the entry in the records to conform with the chairman’s certificate or order of a superior court and shall notify the parties accordingly.

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