Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Special Educational Needs Tribunal Regulations 2001, which make provision in relation to the Special Educational Needs Tribunal established by section 333 of the Education Act 1996, dealing in particular with the making and determination of appeals under part IV of that Act.

The Regulations make minor procedural amendments, required as a consequence of the implementation of the Special Educational Needs and Disability Act 2001 or introduced to achieve consistency with the Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002. Certain general provisions relating to the Tribunal appear in those Regulations, and have consequently been removed from the Special Educational Needs Tribunal Regulations 2001.

In particular these Regulations—

(a)

extend of a number of the President’s powers so that he continues to hold them even after the relevant tribunal has commenced hearing the case (regulations 6(2), 8, 9(2), 11, 19(2), 19(7), 20);

(b)

restore the entitlement of a party to be heard, in circumstances where a case is supplemented or amended (regulations 6(4), 9(4), 14(2));

(c)

permit the grant of an additional period of time where the case statement period has expired and cannot be extended (regulations 6(3), 9(3));

(d)

require determination without a hearing to be made on the basis of all documentation, rather than just the notice of appeal (regulation 10(b));

(e)

require notice to be given to the maintaining authority of a school before any decision is taken to name that school in a statement of Special Educational Needs (regulations 12(2), 14(2));

(f)

restrict the availability of witness summonses in relation to children under 12 (regulation 17);

(g)

provide for the attendance at hearings of persons providing necessary assistance to tribunal members and others entitled to attend, and for them to participate in the hearing and/or remain for Tribunal deliberations where necessary (regulation 19(4), (5) and (6)); and

(h)

extend the right to supplement an existing case to those for whom the case statement period had not expired prior to striking out (regulation 22(1)).

The Regulations make other minor and consequential amendments.