OpenLegislation

Regulation 62 Compliance with appellant’s request when a local authority concedes an appealI1

England and Wales

(1)

Subject to paragraph (3) if, under section 326A(2) of the 1996 Act, an appeal to the Tribunal is treated as having been determined in favour of the appellant, the local authority must—

(a)

in the case of an appeal under section 325 of the 1996 Act, make a statement within 5 weeks;

(b)

in the case of an appeal under section 328, 329 or 329A of the 1996 Act, make an assessment within 5 weeks; and

(c)

in the case of an appeal under paragraph 8(3) of Schedule 27 to the 1996 Act against a determination not to comply with the appellant’s request to substitute the name of a maintained school for the name of the school or institution specified in the statement, comply with that request within 2 weeks.

(2)

In each case in paragraph (1), the period begins on the first working day after the local authority notifies the Tribunal that it does not oppose the appeal.

(3)

The local authority need not comply with the time limits referred to in paragraph (1) if it is impractical to do so because—

(a)

exceptional personal circumstances affect the parent or, where the appellant is the child, the child during the relevant time period;

(b)

the parent or, where the appellant is the child, the child is absent from the area of the local authority for a continuous period of no less than 2 weeks during the relevant time period;

(c)

the parent has indicated that the parent wishes to make representations to the local authority about the content of the statement under paragraph 4(1) of Schedule 27 to the 1996 Act after the expiry of the 15 day period for making such representations provided for in paragraph 4(4) of that Schedule; F1or

(d)

a meeting between the parent and an officer of the local authority has been held under paragraph 4(1) of Schedule 27 to the 1996 Act and the parent under paragraph 4(2) of that Schedule has either required that another such meeting is arranged or has required that a meeting with the appropriate person is arranged, F2...

(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Word in reg. 62(3) inserted (14.9.2022) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential and Miscellaneous Amendments) Regulations 2022 (S.I. 2022/913), regs. 1, 6(3)(a)

F2

Reg. 62(3)(e) and word omitted (14.9.2022) by virtue of The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential and Miscellaneous Amendments) Regulations 2022 (S.I. 2022/913), regs. 1, 6(3)(b)

Commencement

I1

Reg. 62 in force at 6.3.2012, see reg. 1(1)