Regulation 37 Power to strike out
The tribunal may, on the application of the President or the authority, at any stage of the proceedings order that an appeal should be struck out—
on the grounds that it is not within the jurisdiction of the Special Educational Needs Tribunal;
on the grounds that the appeal or the notice of appeal is scandalous, frivolous or vexatious; or
for want of prosecution.
Before the tribunal makes an order under paragraph (1) above, the Secretary of the Tribunal shall give to the parent a notice inviting representations and the tribunal shall consider any representations duly made. If the parent does not request an opportunity to make oral representations, the Tribunal need not hold a hearing.
The President may, if he thinks fit, at any stage of the proceedings order that a reply, response or statement should be struck out or amended on the grounds that it is scandalous, frivolous or vexatious.
Before making an order under paragraph (3) above, the President shall give to the party against whom he proposes to make the order a notice inviting representations and shall consider any representations duly made.
For the purposes of paragraphs (2) and (4) above—
a notice inviting representations must inform the recipient that he may, within a period (not being less than 5 working days) specified in the notice, either make written representations or request an opportunity to make oral representations;
representations are duly made if—
in the case of written representations, they are made within the period so specified; and
in the case of oral representaions, the party proposing to make them has requested an opportunity to do so within the period so specified.