The Special Educational Needs Tribunal Regulations 1995

(B) THE REPLY BY THE AUTHORITY

Action by the authority on receipt of a notice of appeal

12.—(1) An authority which receives a copy of a notice of appeal shall deliver to the Secretary of the Tribunal a written reply acknowledging service upon it of the notice of appeal and stating —

(a) whether or not the authority intends to oppose the appeal and, if it does intend to oppose the appeal, the grounds on which it relies; and

(b) the name and profession of the representative of the authority and the address for service of the authority for the purposes of the appeal.

(2) The authority’s reply shall include—

(a) a statement summarising the facts relating to the disputed decision;

(b) if they are not part of the decision, the reasons for the disputed decision; and

(c) subject to regulation 13(3) all written evidence which the authority wishes to submit to the tribunal.

(3) Every such reply shall be signed by an officer of the authority who is authorised to sign such documents and shall be delivered to the Secretary of the Tribunal not later than 20 working days after the date on which the copy of the notice of appeal was received by the authority from the Secretary of the Tribunal.

Amendment of reply by the authority

13.—(1) The authority, if it has delivered a reply pursuant to regulation 12, may, in exceptional cases—

(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 its reply, deliver a supplementary reply or amend a supplementary reply.

(2) The President or, as the case may be, the tribunal may give permission under paragraph (1) above on such terms as he or it thinks fit including the payment of costs or expenses.

(3) The authority may, in exceptional cases—

(a) with the permission of the President at any time within 15 working days from the date on which the parent could have delivered a response under regulation 8(1); or

(b) with the permission of the tribunal at the hearing itself

deliver written evidence (if it has not previously done so) or further written evidence.

(4) The authority shall send a copy of every amendment and supplementary statement made before the hearing to the Secretary of the Tribunal.

Failure to reply and absence of opposition

14.  If no reply is received by the Secretary of the Tribunal within the time appointed by regulation 12(3) or if the authority states in writing that it does not resist the appeal, or withdraws its opposition to the appeal the tribunal shall—

(a) determine the appeal on the basis of the notice of appeal without a hearing; or

(b) without notifying the authority hold a hearing at which the authority is not represented.

Representation at hearing and further action by the authority

15.—(1) At a hearing or part of a hearing the authority may 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 authority may be represented by more than one person.

(2) The authority shall supply the Secretary of the Tribunal with the information requested in the enquiry made under Regulation 17.

(3) If the authority does not intend to attend or be represented at the hearing it may, not less than 5 working days before the hearing, send to the Secretary of the Tribunal additional written representations in support of its reply.