Regulation 23 Failure to submit a case statement and absence of oppositionI1
England and Wales
The tribunal panel may determine the appeal or the claim without a hearing or by holding a hearing if—
the Secretary of the Tribunal does not receive a case statement from the local authority, FEI governing body or the responsible body within the case statement period;
the local authority, FEI governing body or the responsible body states in writing that it does not resist—
the appeal, or
the claim;
the local authority, FEI governing body or the responsible body withdraws its opposition to—
the appeal, or
the claim.
Where the tribunal panel determines the appeal or the claim without a hearing it must do so on the basis of the appeal application or claim application and any other documentation already received or amended in accordance with regulation 18(3).
If the tribunal panel decides to hold a hearing in accordance with paragraph (1), it may issue a direction precluding the local authority, FEI governing body or the responsible body from attending the hearing or being represented at the hearing.
If the appeal relates to—
the contents of a child’s or young person’s individual development plan, no statement that the local authority or FEI governing body does not resist the appeal or that it withdraws its opposition may take effect until the local authority or FEI governing body submits to the Secretary of the Tribunal written confirmation of the amendments (if any) it agrees to make to the child’s or young person’s individual development plan;
a decision to cease to maintain an individual development plan, no statement that the local authority or FEI governing body does not resist the appeal or that it withdraws its opposition may take effect until the local authority or FEI governing body submits to the Secretary of the Tribunal written confirmation of its decision not to resist the appeal or to withdraw its opposition.