The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008

The response U.K.

21.—(1) When a respondent receives a copy of the application notice, the respondent must send or deliver to the Tribunal a response so that it is received—

[F1 (a) in a case under the Suspension Regulations, within 3 working days after the respondent received the application notice;

(b) in a health service case, within 21 days after the respondent received the application notice;

(c) in a special educational needs case or a disability discrimination in schools case [F2 to which sub-paragraph (cc) does not apply], within 30 working days after the respondent received the application notice;

[F3 (cc) in a disability discrimination in schools case that includes a claim for the reinstatement of a child [F4 or young person] who has been permanently excluded, within 15 working days after the respondent received the application notice;]

(d) in any other case, within 20 working days after the respondent received the application notice.]

(2) The response must include—

(a) the name and address of the respondent;

(b) the name and address of the respondent's representative (if any);

(c) an address where documents for the respondent may be sent or delivered;

(d) a statement as to whether the respondent opposes the applicant's case and, if so, any grounds for such opposition which are not contained in another document provided with the response;

(e) in a special educational needs case [F5 brought by a parent of a child], the views of the child about the issues raised by the proceedings, or the reason why the respondent has not ascertained those views; and

(f) any further information or documents required by an applicable practice direction or direction.

(3) The response may include a statement as to whether the respondent would be content for the case to be dealt with without a hearing if the Tribunal considers it appropriate.

(4) If the respondent provides the response to the Tribunal later than the time required by paragraph (1) or by any extension of time under rule 5(3)(a) (power to extend time), the response must include a request for an extension of time and the reason why the response was not provided in time.

(5) The respondent must send or deliver a copy of the response and any accompanying documents to each other party at the same time as it provides the response to the Tribunal.

Textual Amendments

F1 Rule 21(1)(a)-(d) substituted for rule 21(1)(a)(b) (1.4.2011) by The Tribunal Procedure (Amendment) Rules 2011 (S.I. 2011/651), rules 1(2)(a), 3(5)

F2 Words in rule 21(1)(c) inserted (1.9.2012) by The Tribunal Procedure (Amendment No. 2) Rules 2012 (S.I. 2012/1363), rules 1(a), 3(a)

F3 Rule 21(1)(cc) inserted (1.9.2012) by The Tribunal Procedure (Amendment No. 2) Rules 2012 (S.I. 2012/1363), rules 1(a), 3(b)

F4 Words in rule 21(1)(cc) inserted (1.9.2014) by The Tribunal Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/2128), rules 1(a), 25(a) (with rule 38)

F5 Words in rule 21(2)(e) inserted (1.9.2014) by The Tribunal Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/2128), rules 1(a), 25(b) (with rule 38)