The Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002

Acknowledgement of claim and service of documents by the Secretary of the Tribunal

17.—(1) Upon receiving a notice of claim the Secretary of the Tribunal shall—

(a) enter particulars of it in the records;

(b) send to the parent—

(i) an acknowledgement of its receipt and a note of the case number entered in the records;

(ii) a note of the address to which notices and communications to the tribunal or to the Secretary of the Tribunal should be sent;

(iii) notification that advice about the claims procedure may be obtained from the office of the tribunal; and

(iv) subject to regulation 18(2), a notice informing the parent of the requirements of regulation 9(1) and the case statement period;

(c) at the same time as sending to the parent the notice referred to in sub-paragraph (b)(iv), send to the responsible body—

(i) a copy of the notice of claim and any accompanying papers;

(ii) a note of the address to which notices and communications to the tribunal to the Secretary of the Tribunal should be sent; and

(iii) a notice informing the responsible body of the requirements of regulation 13(1) and of the case statement period, together with the consequences of failing to meet the requirements of that regulation within that period.

(2) Where it is necessary to determine the identity of the responsible body in relation to any claim, the President may make such enquiries as are necessary for this purpose.

(3) Where it appears to the President or the Secretary of the Tribunal that there may be more than one responsible body in relation to any claim, the President or the Secretary of the Tribunal may send the documentation specified in paragraph (1)(c) to any or all such bodies as may be appropriate.

(4) Where the Secretary of the Tribunal is of the opinion that, on the basis of the notice of claim, the parent is asking the tribunal to consider a matter which is not within its jurisdiction, he may give notice to the parent—

(a) stating the reasons for his opinion; and

(b) informing the parent that the notice of claim will not be entered in the records unless, within a specified time (which shall not be less than 5 working days), the parent notifies the Secretary of the Tribunal that he wishes to proceed with it.

(5) Where the Secretary of the Tribunal is of the opinion that there is an obvious error in the notice of claim—

(a) he may correct that error and if he does so shall notify the parent accordingly and such notification shall state the effect of sub-paragraph (b); and

(b) unless within 5 working days the parent notifies the Secretary of the Tribunal that he objects to the correction, the notice of claim so corrected shall be treated as the notice of claim for the purposes of these Regulations.

(6) If the Secretary of the Tribunal has given a notice under paragraph (4), the notice of claim shall only be treated as having been received for the purposes of paragraph (1) when the parent notifies the Secretary of the Tribunal that he wishes to proceed with the claim.