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

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Procedure at hearing

42.—(1) At the beginning of the hearing the chairman shall explain the order of proceedings which the tribunal proposes to adopt.

(2) The tribunal shall conduct the hearing in such manner as it considers the most suitable to the clarification of the issues and generally to the just handling of the proceedings; it shall, as far as it appears to it appropriate, seek to avoid formality in its proceedings.

(3) The tribunal shall determine the order in which the parties are heard and the issues determined.

(4) The tribunal may, if it is satisfied that it is just and reasonable to do so, permit—

(a)in the case of an appeal, the parent to rely on grounds not stated in his notice of appeal or the statement of his case and to adduce evidence not presented to the board before or at the time it took the disputed decision;

(b)in the case of a claim, the parent to rely on grounds not stated in his notice of claim or the statement of his case;

(c)the board or responsible body, as the case may be, to rely on grounds not specified in the statement of its case.

(5) If, at or after the beginning of a hearing a member of the tribunal other than the chairman is absent, the hearing may, with the consent of the parties, be conducted by the two other members and in that event the tribunal shall be deemed to be properly constituted and the decision of the tribunal shall be taken by those two members.

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