PART BSPECIAL EDUCATIONAL NEEDS APPEALS AND DISABILITY CLAIMS
Case preparation before the hearing
Case statements and supplementary provision
Local authority’s or responsible body’s case statement and evidence21.
(1)
The local authority or the responsible body must submit to the Secretary of the Tribunal before the end of the case statement period—
(a)
a copy of the disputed decision;
(b)
where the appeal is made under section 326 of, or paragraphs 8 or 11 of Schedule 27 to, the 1996 Act, a copy of the child’s statement, any documentation attached to or forming part of the statement and if available a copy of the latest review;
(c)
a case statement; and
(d)
all other evidence to be relied on which has not already been submitted.
(2)
The local authority’s or responsible body’s case statement must be signed by a person who is authorised to sign such documents on the local authority’s or responsible body’s behalf, and must state whether or not the local authority or responsible body intends to oppose the appeal or claim.
(3)
If the local authority or the responsible body intends to oppose the appeal or the claim, its case statement must state—
(a)
the grounds on which the appeal or the claim or any part of the appeal or the claim is opposed;
(b)
the name and address of the local authority’s or the responsible body’s representative and if available the representative’s telephone number, fax number and email address;
(c)
the address where documents for the local authority or the responsible body should be sent or delivered;
(d)
a summary of the facts relating to the disputed decision;
(e)
the reason or reasons for the disputed decision, if not included in the decision; and
(f)
the steps, if any, already taken to resolve the dispute.
(4)
The local authority’s or the responsible body’s case statement must include—
(a)
the views of the child concerning the issues raised in the appeal or the claim; or
(b)
an explanation of why it has not established the child’s views.
(5)
The local authority or the responsible body may amend its case statement, submit a supplementary case statement, or amend a supplementary case statement, if permission is given by the President.
(6)
The local authority or the responsible body must submit to the Tribunal a copy of every amendment and supplementary statement for which permission was given under paragraph (5) within the time period granted.
(7)
If permission is given under paragraph (5) the President may extend the case statement period under regulation 69 or, if it has expired, grant such further period as the President considers appropriate.
(8)
If, at the time permission is given under paragraph (5), the appellant or the claimant has lost entitlement to attend or be represented at the hearing in accordance with regulation 36, the giving of permission restores such entitlement and, if necessary, the hearing may be postponed or adjourned, as appropriate, so that the appellant or the claimant can be represented.