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The Education (Registered Inspectors of Schools Appeal Tribunal and Registered Nursery Education Inspectors Appeal Tribunal) (Procedure) Regulations 1999

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Review of Tribunal’s decision

29.—(1) If, on the application of a party or of its own motion, a Tribunal is satisfied 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 be represented, had good and sufficient reason for failing to appear;

(c)new evidence has become available since the making of the decision, provided that its existence could not have been reasonably known of or foreseen; or

(d)the interests of justice require,

the Tribunal may review and, by certificate under the Chairman’s hand, set aside or vary the relevant decision.

(2) An application for the purposes of paragraph (1) may be made immediately following the decision at the hearing. If an application is not made at the hearing, it shall be made not later than fourteen days after the date on which the decision was sent to the parties, and shall be in writing stating the grounds in full. When the Tribunal proposes to review its decision of its own motion, it shall serve notice of that proposal on the parties within the same period.

(3) The parties shall have an opportunity to be heard by the Tribunal on any application or proposal for review under this regulation and 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 Chairman; and 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.

(4) The certificate of the Chairman as to the setting aside and substitution of the Tribunal’s decision under this regulation shall be sent to the proper officer, who shall immediately make such correction as may be necessary in the register and shall send a copy so corrected to each of the parties.

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