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Regulation 7 Notice of appeal

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An appeal to the Tribunal shall be made by notice which—

(a)

shall state—

(i)

the name and address of the parent making the appeal and if more than one address is given, the address to which the tribunal should send replies or notices concerning the appeal;

(ii)

the name and date of birth of the child;

(iii)

that the notice is a notice of appeal;

(iv)

the name of the authority which made the disputed decision and the date on which the parent was notified of it;

(v)

if the parent seeks an order that the child’s statement be amended, to which Part or Parts of the statement the appeal relates;

(vi)

if the parent seeks an order that a school (other than one already named in the child’s statement) be named in it, either the name and address of that school or a sufficient description of the type and nature of the school which the parent considers would constitute an appropriate placement for the child;

(b)

shall be accompanied by—

(i)

a copy of the notice of the disputed decision;

(ii)

where the appeal is made under section 326 of, or paragraph 8 of Schedule 27 to, the 1996 Act, a copy of the child’s statement;

(iii)

where the notice of appeal states the name of a school in accordance with paragraph (a)(vi) above, written confirmation that the parent has informed the school that he proposes to request that it be named in the statement;

(c)

shall include or be accompanied by a statement of the parent’s reasons for appealing;

(d)

may appoint a representative in accordance with regulation 12.

(2)

The parent shall sign the notice of appeal.

(3)

The parent must deliver the notice of appeal to the Secretary of the Tribunal so that it is received no later than the first working day after the expiry of two months from the date on which the authority gave him notice, under Part IV of the 1996 Act, that he had a right of appeal.

(4)

In this regulation “parent” means a person to whom the 1996 Act gives the right to appeal to the Tribunal.