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Special Educational Needs and Disability Tribunal Regulations (Northern Ireland) 2005

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Statement of board’s case, and supplementary provisions

13.—(1) During the case statement period, the board shall deliver to the Secretary of the Tribunal a written statement of its case and all written evidence on which it intends to rely.

(2) The statement of the board’s case shall be signed by an officer of the board who is authorised to sign such documents, and shall state whether or not the board intends to oppose the appeal and if it does intend to oppose the appeal shall state—

(a)the grounds on which it relies;

(b)the name and profession of the representative of the board and the address for service of the board for the purposes of the appeal;

(c)a summary of the facts relating to the disputed decision;

(d)the reasons for the disputed decision, if they are not included in the decision;

(e)the views of the child concerning the issues raised by the appeal, or the reasons why the board has not ascertained those views.

(3) In exceptional circumstances the board may amend its statement of case, deliver a supplementary statement of case or amend a supplementary statement of case if permission is given by—

(a)the President; or

(b)the tribunal at a hearing.

(4) The board shall deliver to the Secretary of the Tribunal a copy of every amendment and supplementary statement for which permission was given.

(5) If the President gives permission under paragraph (3)(a), the case statement period may be extended under regulation 60(1), or if it has expired, grant such further period as he considers appropriate.

(6) Where, the parent has lost his entitlement to attend or be represented at the hearing in accordance with regulation 35, the giving of permission under paragraph (3) shall restore such entitlement and, if necessary, the hearing shall be rearranged or adjourned, so that the parent can attend or be represented.

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