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The Special Educational Needs Tribunal for Wales Regulations 2012

W.S.I. 2012/322 · Made 8 February 2012 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 14 September 2022.

EDUCATION, WALES

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 1996f1 and section 207(4) and paragraphs 6Af2, 6(1), (2), (3), (4), (5), and (7) of Schedule 17 to the Equality Act 2010f3 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 2007f4, 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.

Annotations to the whole text

Footnotes

f1

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.

f2

Paragraph 6A was inserted into Schedule 17 to the Equality Act 2010 by S.I.2011/1651.

f3

2010 c. 15.

f4

2007 c. 15.

Contents

  1. Part A: GENERAL
  2. 1Title, commencement and application
  3. 2Interpretation
  4. 3Appeals and claims on or after 6 March 2012
  5. 4Revocations and savings
  6. 5Transitional provisions
  7. 6The overriding objective
  8. 7Parties' obligation to co-operate
  9. 8Alternative dispute resolution
  10. Constitution of Tribunal
  11. 9Education panel members
  12. 10Establishment of tribunal panels
  13. 11Membership of tribunal panel
  14. Part B: SPECIAL EDUCATIONAL NEEDS APPEALS AND DISABILITY CLAIMS
  15. Chapter: COMMENCING PROCEEDINGS
  16. Making an appeal or claim
  17. 12Period within which proceedings must be commenced
  18. 13Appeal application
  19. 14Claim application
  20. 15Action by the Secretary of the Tribunal
  21. 16Appeal or claim made out of time
  22. 17Sufficiency of reasons
  23. 18Appellant’s or claimant’s representatives
  24. Chapter: Case preparation before the hearing
  25. Case statements and supplementary provision
  26. 19Case statement period
  27. 20Appellant’s or claimant’s case statement and evidence
  28. 21Local authority’s or responsible body’s case statement and evidence
  29. 22Change of local authority’s or responsible body’s representative
  30. 23Change of local authority in an appeal
  31. 24Copy documents for parties
  32. 25Failure to submit a case statement and absence of opposition
  33. Tribunal enquiries
  34. 26Enquiries by the Secretary of the Tribunal
  35. 27Failure to respond to enquiries made by the Secretary of the Tribunal
  36. The Tribunal’s management powers
  37. 28General powers Repealed
  38. 29Power to strike out the appeal or claim
  39. 30Order to amend case statement
  40. 31Evidence and submissions
  41. 32Directions in preparation for a hearing
  42. 33Varying or setting aside directions
  43. 34Particulars and supplementary statements
  44. 35Disclosure of documents and other material
  45. 36Failure to comply with directions
  46. 37Consolidating appeals or claims
  47. 38Consolidating claims together with appeals
  48. 39Addition and substitution of parties
  49. 40Transfer of appeal
  50. Hearings and decisions
  51. 41Notice of date, place and time of hearings
  52. 42Power to determine the appeal or claim without a hearing
  53. 43Public and private hearings: arrangements and exceptions
  54. 44Restricted reporting orders
  55. 45Procedure at hearing
  56. 46Evidence at hearing
  57. 47Change of witness
  58. 48Summoning a witness
  59. 49Evidence by telephone, video link or other means
  60. 50Late written evidence
  61. 51Postponement of hearing
  62. 52Adjournments and directions
  63. 53Representation at hearing
  64. 54Failure to attend hearing
  65. 55Tribunal panel’s decision
  66. After the hearing
  67. 56Application or proposal for review of the Tribunal’s decision
  68. 57Review of Tribunal’s decision not to extend the period in which proceedings must be commenced
  69. 58Consideration of an application for permission to appeal to the Upper Tribunal
  70. 59Power to suspend Tribunal’s decision
  71. 60Orders of the Upper Tribunal or the Court
  72. Compliance
  73. 61Compliance with tribunal panel orders — appeals
  74. 62Compliance with appellant’s request when a local authority concedes an appeal
  75. Part C: CASE FRIENDS
  76. 63Application
  77. 64Requirement for case friend
  78. 65Who may be a case friend
  79. 66How a person becomes a case friend
  80. 67Steps in proceedings
  81. 68Removing a case friend
  82. Part D: MISCELLANEOUS
  83. 69Extension of time
  84. 70Withdrawal
  85. 71Orders for costs and expenses
  86. 72Power to exercise the functions of the President and Chair
  87. 73Power to exercise the functions of an education panel member in relation to a review
  88. 74The Secretary of the Tribunal
  89. 75Register
  90. 76Publication
  91. 77Irregularities
  92. 78Proof of documents and certification of decisions
  93. 79Method of sending, submitting or serving notices and documents
  94. 80Calculating time
  95. 81Signature of documents
  96. Signature
  97. Explanatory note