http://www.legislation.gov.uk/wsi/2012/322/contentsThe Special Educational Needs Tribunal for Wales Regulations 2012HearingsSchool links with home, community and businessSpecial educational needs and additional supportEDUCATION, WALESStatute Law Database2026-07-30Expert Participation2022-09-14 These Regulations set out the procedure to be followed in proceedings before the Special Educational Needs Tribunal for Wales. These Regulations make provision relating to the exercise of the Tribunal’s jurisdiction under Part 4 of the Education Act 1996 which concerns special educational needs appeals and Chapter 1 of Part 6 of the Equality Act 2010 which concerns claims of disability discrimination in respect of school pupils. The Special Educational Needs Tribunal for Wales Regulations 2012Rheoliadau Tribiwnlys Anghenion Addysgol Arbennig Cymru 2012reg. 13(4)(c)(ii)The Special Educational Needs Tribunal for Wales (Amendment) Regulations 2012Rheoliadau Tribiwnlys Anghenion Addysgol Arbennig Cymru (Diwygio) 2012reg. 2(2)(a)reg. 1(1)The Special Educational Needs Tribunal for Wales Regulations 2012Rheoliadau Tribiwnlys Anghenion Addysgol Arbennig Cymru 2012reg. 13(4)(c)(iii)The Special Educational Needs Tribunal for Wales (Amendment) Regulations 2012Rheoliadau Tribiwnlys Anghenion Addysgol Arbennig Cymru (Diwygio) 2012reg. 2(2)(b)reg. 1(1)The Special Educational Needs Tribunal for Wales Regulations 2012Rheoliadau Tribiwnlys Anghenion Addysgol Arbennig Cymru 2012reg. 66(4)The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012art. 97Pt. 4art. 1(1) The Special Educational Needs Tribunal for Wales Regulations 2012 PART AGENERAL1Title, commencement and application2Interpretation3Appeals and claims on or after 6 March 20124Revocations and savings5Transitional provisions6The overriding objective7Parties' obligation to co-operate8Alternative dispute resolutionConstitution of Tribunal9Education panel members10Establishment of tribunal panels11Membership of tribunal panel PART BSPECIAL EDUCATIONAL NEEDS APPEALS AND DISABILITY CLAIMSCOMMENCING PROCEEDINGSMaking an appeal or claim12Period within which proceedings must be commenced13Appeal application14Claim application15Action by the Secretary of the Tribunal16Appeal or claim made out of time17Sufficiency of reasons18Appellant’s or claimant’s representativesCase preparation before the hearingCase statements and supplementary provision19Case statement period20Appellant’s or claimant’s case statement and evidence21Local authority’s or responsible body’s case statement and evidence22Change of local authority’s or responsible body’s representative23Change of local authority in an appeal24Copy documents for parties25Failure to submit a case statement and absence of oppositionTribunal enquiries26Enquiries by the Secretary of the Tribunal27Failure to respond to enquiries made by the Secretary of the TribunalThe Tribunal’s management powers28General powers29Power to strike out the appeal or claim30Order to amend case statement31Evidence and submissions32Directions in preparation for a hearing33Varying or setting aside directions34Particulars and supplementary statements35Disclosure of documents and other material36Failure to comply with directions37Consolidating appeals or claims38Consolidating claims together with appeals39Addition and substitution of parties40Transfer of appealHearings and decisions41Notice of date, place and time of hearings42Power to determine the appeal or claim without a hearing43Public and private hearings: arrangements and exceptions44Restricted reporting orders45Procedure at hearing46Evidence at hearing47Change of witness48Summoning a witness49Evidence by telephone, video link or other means50Late written evidence51Postponement of hearing52Adjournments and directions53Representation at hearing54Failure to attend hearing55Tribunal panel’s decisionAfter the hearing56Application or proposal for review of the Tribunal’s decision57Review of Tribunal’s decision not to extend the period in which proceedings must be commenced58Consideration of an application for permission to appeal to the Upper Tribunal59Power to suspend Tribunal’s decision60Orders of the Upper Tribunal or the CourtCompliance61Compliance with tribunal panel orders — appeals62Compliance with appellant’s request when a local authority concedes an appeal PART CCASE FRIENDS63Application64Requirement for case friend65Who may be a case friend66How a person becomes a case friend67Steps in proceedings68Removing a case friend PART DMISCELLANEOUS69Extension of time70Withdrawal71Orders for costs and expenses72Power to exercise the functions of the President and Chair73Power to exercise the functions of an education panel member in relation to a review74The Secretary of the Tribunal75Register76Publication77Irregularities78Proof of documents and certification of decisions79Method of sending, submitting or serving notices and documents80Calculating time81Signature of documents 2012 No. 322 (W.53) EDUCATION, WALES The Special Educational Needs Tribunal for Wales Regulations 2012 Made 8 February 2012 Laid before the National Assembly for Wales 13 February 2012 Coming into force 6 March 2012

The Welsh Ministers, in exercise of the powers conferred on them by sections 326A(4) and (6), 332ZC(1) and (3), 333(5), 334(2), 336(1),(2), (2A) and (4A), 336A and 569(4) and (5) of the Education Act 1996 and section 207(4) and paragraphs 6A, 6(1), (2), (3), (4), (5), and (7) of Schedule 17 to the Equality Act 2010 and after consulting the Administrative Justice and Tribunals Council in accordance with paragraph 24(1) of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007, make the following Regulations.

The Secretary of State has consented to the making of the Regulations in so far as the Secretary of State’s consent is required by sections 333(5), 334(2) and 336A(2)(b) of the Education Act 1996. 1996 c. 56. Section 326A was inserted by section 5 of the Special Education Needs and Disability Act 2001 (c. 10). Subsection (6) of that section was substituted by paragraphs 1 and 3 of Schedule 18 to the Education Act 2002 (c. 32). Subsection (6)(b) was amended by paragraphs 127 and 129(b) of Schedule 3 to the Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833) and further amended by paragraph 7(1) and (2) of Schedule 2 to S.I. 2010/1158. Section 332ZC(1) was inserted by section 3 of the Education (Wales) Measure 2009 (2009 nawm 5) and amended by S.I 2010/1148. Section 333(5) was amended by paragraphs 127, 130(d) and 130(f) of Schedule 3 to S.I. 2008/2833. Section 334(2) was amended by paragraphs 127 and 131(a) of Schedule 3 to S.I. 2008/2833. Section 336(1) was amended by paragraphs 127, 133(a)(i) and 133(a)(ii) of Schedule 3 to S.I. 2008/2833. Section 336(2) was amended by Schedules 8 and 9 to the Special Educational Needs and Disability Act 2001, and further amended by S.I. 2008/2833 and section 7 of the Education (Wales) Measure 2009. Section 336(2A) was inserted by section 42(1) of, and Schedule 8 to, the Special Education Needs and Disability Act 2001 and amended by S.I. 2008/2833. Section 336(4A) was inserted by section 42(1) of, and Schedule 8 to, the Special Education Needs and Disability Act 2001 and amended by S.I. 2008/2833 and S.I. 2010/2279. Section 336A was inserted by section 4 of the Special Educational Needs and Disability Act 2001. Subsection (1) of that section was amended by S.I 2010/1158. Subsection (2) was substituted by paragraphs 1 and 6 of Schedule 18 to the Education Act 2002 and subsection (2)(b) amended by paragraphs 127 and 136(b) of Schedule 3 to S.I. 2008/2833. Section 569(4) was amended by section 8 of the Education (Wales) Measure 2009. Paragraph 6A was inserted into Schedule 17 to the Equality Act 2010 by S.I.2011/1651. 2010 c. 15. 2007 c. 15.