The Special Educational Needs Tribunal Regulations 1995

(A) THE PARENT

Notice of appeal

7.—(1) An appeal to the Special Educational Needs Tribunal shall be made by notice which—

(a) shall state—

(i) the name and address of the parent making the appeal and if more than one address is given, the address to which the tribunal should send replies or notices concerning the appeal;

(ii) the name of the child;

(iii) that the notice is a notice of appeal;

(iv) the name of the authority which made the disputed decision and the date on which the parent was notified of it;

(v) the grounds of the appeal;

(vi) if the parent seeks an order that a school (other than one already named in the statement of special educational needs relating to the child) be named in the child’s statement, the name and address of that school;

(b) shall be accompanied by—

(i) a copy of the notice of the disputed decision;

(ii) where the appeal is made under section 170 of, or paragraph 8 of Schedule 10 to, the 1993 Act, a copy of the statement of special educational needs relating to the child; and

(c) may state the name, address and profession of any representative of the parent to whom the tribunal should (subject to any notice under regulation 42(2)(a)) send replies or notices concerning the appeal instead of the parent.

(2) The parent shall sign the notice of appeal.

(3) The parent must deliver the notice of appeal to the Secretary of the Tribunal so that it is received no later than the first working day after the expiry of 2 months from the date on which the authority gave him notice, under Part III of the 1993 Act, that he had a right of appeal.

Response, and supplementary provisions

8.—(1) If the authority delivers a reply under regulation 12 the parent may deliver a written response to it.

(2) A response under paragraph (1) above must be delivered to the Secretary of the Tribunal not later than 15 working days from the date on which the parent receives a copy of the authority’s written reply from the Secretary of the Tribunal.

(3) Subject to paragraph (5) below a response under paragraph (1) shall include all written evidence which the parent wishes to submit to the tribunal (unless such evidence was delivered with the notice of appeal);

(4) The parent may in exceptional cases (in addition to delivering a response under paragraph (1) above)—

(a) with the permission of the President, at any time before the hearing; or

(b) with the permission of the tribunal at the hearing itself — amend the notice of appeal or any response, deliver a supplementary statement of grounds of appeal or amend a supplementary statement of grounds of appeal.

(5) The parent may in exceptional cases—

(a) with the permission of the President at any time within 15 working days from the date on which a response under paragraph (2) above could have been delivered, or

(b) with the permission of the tribunal at the hearing itself — deliver written evidence (if he has not previously done so) or further written evidence.

(6) The parent shall deliver a copy of every amendment and supplementary statement made under paragraph (4)(a) above and any written evidence delivered under paragraph (5)(a) above to the Secretary of the Tribunal.

Withdrawal of appeal

9.  The parent may—

(a) at any time before the hearing of the appeal withdraw his appeal by sending to the Secretary of the Tribunal a notice signed by him stating that he withdraws his appeal;

(b) at the hearing of the appeal, withdraw his appeal.

Further action by parent

10.—(1) The parent shall supply the Secretary of the Tribunal with the information requested in the enquiry made under regulation 17.

(2) If the parent does not intend to attend or be represented at the hearing, he may, not less than 5 working days before the hearing, send to the Secretary of the Tribunal additional written representations in support of his appeal.

Representatives of the parent: further provisions

11.—(1) Where a parent has not stated the name of a representative in the notice of appeal pursuant to regulation 7(1)(c) he may at any time before the hearing notify the Secretary of the Tribunal in writing of the name, address and profession of a representative to whom the tribunal should (subject to any notice under regulation 42(2)(a)) send any subsequent documents or notices concerning the appeal instead of to the parent;

(2) Where a parent has stated the name of a representative, whether in the notice of appeal pursuant to regulation 7(1)(c) or pursuant to paragraph (1) above, he may at any time notify the Secretary of the Tribunal in writing—

(a) of the name, address and profession of a new representative of the parent to whom the tribunal should send documents or notices concerning the appeal instead of to the representative previously notified; or

(b) that no person is acting as a representative of the parent and accordingly any subsequent documents or notices concerning the appeal should be sent to the parent himself.

(3) If the person named by the parent as a representative under regulation 7(1)(c) or paragraphs (1) or (2)(a) above notifies the Secretary of the Tribunal in writing that he is not prepared, or is no longer prepared, to act in that capacity—

(a) the Secretary of the Tribunal shall notify the parent, and

(b) any subsequent documents or notices concerning the appeal shall be sent to the parent himself.

(4) At a hearing, the parent may conduct his case himself (with assistance from one person if he wishes) or may appear and be represented by one person whether or not legally qualified:

• Provided that, if the President gives permission before the hearing or the tribunal gives permission at the hearing, the parent may obtain assistance or be represented by more than one person.