Regulation 13 Appeal applicationI1

England and Wales

(1)

The appeal application must state—

(a)

the name and address of the person making the appeal and if available, the person’s telephone number, fax number and email address;

(b)

the name and date of birth of the child;

(c)

if relevant, the relationship or connection of the person making the appeal to the child;

(d)

the names and addresses of all persons who have or share parental responsibility for the child or have care of the child, or reasons why the names and addresses of such persons are not provided;

(e)

the name and address of any representative appointed by the person making the appeal and if available, the representative’s telephone number, fax number and email address;

(f)

an address and if available, an email address, where notices and documents for the person making the appeal should be sent;

(g)

the name and address of the local authority which made the disputed decision;

(h)

the date on which the person making the appeal received written confirmation of the disputed decision;

(i)

the reason or reasons for making the appeal;

(j)

the result sought; and

(k)

the steps, if any, already taken to resolve the dispute.

(2)

If the person making the appeal seeks an order that—

(a)

the child’s statement is amended, the appeal application must specify to which part or parts of the statement the appeal relates;

(b)

a school (other than one already named in the child’s statement) is named in the statement, the appeal application must state either the name and address of that school or a sufficient description of the type and nature of the school which the person considers would be an appropriate placement for the child.

(3)

The appeal application may be accompanied by—

(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 under section 328 of the 1996 Act.

(4)

The appeal application must be accompanied—

(a)

by written confirmation that the person making the appeal has notified persons, if any, named in accordance with paragraph (1)(d) that the person proposes to make an appeal to the Tribunal, or written confirmation explaining why the person making the claim has not notified any such persons;

(b)

where the appeal application states the name of a school in accordance with paragraph (2)(b), by written confirmation that the person making the appeal has informed the head teacher of the school that the person proposes to request that the school is named in the statement; and

(c)

where under paragraph (2)(b), the appeal application states the name of—

(i)

a maintained school, by written confirmation that the person making the appeal has informed the local authority that maintains the school, which may or may not be the local authority that made the disputed decision, that the person proposes to request that the maintained school is named in the statement;

(ii)

an independent school, by written confirmation that the person making the appeal has informed the proprietor of the school that the person proposes to request that the independent school is named in the statement;

(iii)

an independent school, by written confirmation from the proprietor of the school that a place is available at the school for the child.

(5)

The appeal application must be signed by the person making the appeal, or any representative or a case friend on that person’s behalf.

(6)

The appeal application may, in accordance with regulation 38, include a request that the appeal is heard with a claim against a responsible body.

Annotations

Commencement

I1: Reg. 13 in force at 6.3.2012, see reg. 1(1)