Made | 15th July 2005 | ||
Coming into operation | 1st September 2005 |
1. | Citation, commencement and application |
2. | Interpretation |
3. | Members of lay panels |
4. | Establishment of tribunals |
5. | Membership of tribunal |
6. | Proof of documents and certification of decisions |
7. | Notice of appeal |
8. | Reasons for appealing |
9. | Statement of parent's case and supplementary provisions |
10. | Withdrawal of appeal |
11. | Further action by parent |
12. | Parent's representatives |
13. | Statement of board's case, and supplementary provisions |
14. | Board's representative |
15. | Failure to deliver a statement of case and absence of opposition |
16. | Representation at hearing and further action by the board |
17. | Notice of a claim |
18. | Reasons for making a claim |
19. | Statement of parent's claim, and supplementary provisions |
20. | Withdrawal of a claim |
21. | Further action by the parent |
22. | Parent's representatives |
23. | Statement of the responsible body's case, and supplementary provisions |
24. | Responsible body's representative |
25. | Failure to deliver a statement of case and absence of opposition |
26. | Representation at hearing and further action by the responsible body |
27. | Acknowledgement of appeal or claim and service of documents by the Secretary of the Tribunal |
28. | Statements of case |
29. | Copy document for parties |
30. | Enquiries by the Secretary of the Tribunal |
31. | Directions in preparation for a hearing and determination of preliminary issues |
32. | Varying or setting aside directions |
33. | Particulars and supplementary statements |
34. | Disclosures of documents and other material |
35. | Failure to comply with directions |
36. | Summoning witnesses |
37. | Consolidating appeals or claims and hearing claims together with appeals under the Education (Northern Ireland) Order 1996 |
38. | Notice of place and time of hearings and adjournments |
39. | Power to determine an appeal and/or a claim without a hearing |
40. | Hearings to be in private: exceptions |
41. | Failure of parties to attend a hearing |
42. | Procedure at hearing |
43. | Late written evidence |
44. | Evidence at hearing |
45. | Adjournments and directions |
46. | Decisions of the tribunal |
47. | Application or proposal for review of tribunal's decision |
48. | Review of tribunal's decision |
49. | Review of the President's decision |
50. | Orders for costs and expenses |
51. | Transfer of proceedings |
52. | Miscellaneous powers of a tribunal |
53. | Power to strike out |
54. | Power to exercise powers of President and chairman |
55. | Power to exercise the functions of a lay member |
56. | The Secretary of the Tribunal |
57. | Orders of the Court |
58. | Irregularities |
59. | Method of sending, delivering or serving notices and documents |
60. | Extensions of time |
61. | Change of Board (SEN appeals only) |
62. | Revocation and saving |
Members of lay panels
3.
No person may be appointed to the lay panel unless the Department is satisfied that the person—
Establishment of tribunals
4.
—(1) The jurisdiction of the Tribunal shall be exercised by such number of tribunals as the President may from time to time determine.
(2) The tribunals exercising the jurisdiction conferred on them in accordance with paragraph (1) shall sit at such times and in such places as the President may from time to time determine.
Membership of tribunal
5.
—(1) Subject to regulation 42, the Tribunal shall consist of a chairman and two other members.
(2) For each hearing—
Proof of documents and certification of decisions
6.
—(1) A document purporting to be a copy of a document issued by the Secretary of the Tribunal on behalf of the tribunal shall, unless the contrary is proved, be deemed to be a document so issued.
(2) A document purporting to be certified by the Secretary of the Tribunal to be a true copy of a document containing a decision of the tribunal shall, unless the contrary is proved, be sufficient evidence of its contents.
(b) shall be accompanied by—
(c) shall include or be accompanied by a statement of the parent's reasons for appealing.
(2) The parent shall sign the notice of appeal.
(3) The parent shall 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 a period of 2 months beginning with the date on which the board gave him notice, under Part II of the 1996 Order, that he had a right of appeal.
(4) The notice of appeal may include a request that the President should make an order in accordance with regulation 37 that the appeal be heard with a claim.
Reasons for appealing
8.
—(1) If the notice of appeal does not include, and is not accompanied by, reasons for appealing which the President considers sufficient to enable the board to respond to the appeal, he shall direct the parent to send particulars of the reasons for making the appeal to the Secretary of the Tribunal within 10 working days of his direction.
(2) Regulations 31 and 35 shall apply to a direction under paragraph (1).
(3) Particulars of reasons sent in response to a direction made in accordance with paragraph (1) shall be treated as part of the notice of appeal.
Statement of parent's case and supplementary provisions
9.
—(1) During the case statement period, the parent may deliver to the Secretary of the Tribunal a written statement of his case, which may include the views of the child, and must submit all written evidence on which he intends to rely and which he has not already submitted.
(2) In exceptional circumstances the parent may amend the notice of appeal, deliver a supplementary statement of reasons for appealing or statement of case or amend a supplementary statement of reasons for appealing or statement of case, if permission is given by—
(3) The parent shall deliver to the Secretary of the Tribunal a copy of every amendment and supplementary statement for which permission was given.
(4) If the President gives permission under paragraph (2)(a) he may extend the case statement period under regulation 60(1) or, if it has expired, grant such further period as he considers appropriate.
(5) Where the board has lost its entitlement to be represented at the hearing in accordance with regulation 15 or 35, the giving of permission under paragraph (2) shall restore such entitlement and, if necessary, the hearing shall be re-arranged or adjourned, so that the board can be represented.
Withdrawal of appeal
10.
The parent may withdraw his appeal—
Further action by parent
11.
—(1) The parent shall give to the Secretary of the Tribunal the information requested in the enquiry made under regulation 30.
(2) If the parent does not intend to attend or be represented at the hearing, he may, not less than 5 working days before the hearing, send to the Secretary of the Tribunal written representations in support of his appeal.
Parent's representatives
12.
—(1) The parent may, by giving written notice to the Secretary of the Tribunal at any time—
(2) To appoint a representative, the parent must give to the Secretary of the Tribunal the name, address and profession of the representative.
(3) If a person whom a parent has appointed as a representative notifies the Secretary of the Tribunal in writing that he is not prepared, or is no longer prepared, to act in that capacity—
(4) Subject to paragraph (5), at any time after the parent has appointed a representative, and until that appointment is cancelled—
(5) Paragraph (4) applies—
(6) Subject to paragraph (7), at a hearing, the parent may conduct his case himself (with assistance from one person if he wishes) or may appear and be represented by one person.
(7) If permission is given by the President or the tribunal at a hearing, the parent may obtain assistance from or be represented by more than one person.
(3) In exceptional circumstances the board may amend its statement of case, deliver a supplementary statement of case or amend a supplementary statement of case if permission is given by—
(4) The board shall deliver to the Secretary of the Tribunal a copy of every amendment and supplementary statement for which permission was given.
(5) If the President gives permission under paragraph (3)(a), the case statement period may be extended under regulation 60(1), or if it has expired, grant such further period as he considers appropriate.
(6) Where, the parent has lost his entitlement to attend or be represented at the hearing in accordance with regulation 35, the giving of permission under paragraph (3) shall restore such entitlement and, if necessary, the hearing shall be rearranged or adjourned, so that the parent can attend or be represented.
Board's representative
14.
—(1) The board may at any time change its representative for the purposes of the appeal by notifying the Secretary of the Tribunal of the name and profession of its new representative.
(2) References in these Regulations (however expressed) to sending documents to, or giving notice to, the board shall be construed as references to sending documents to, or giving notice to, the representative named in accordance with regulation 13(2)(b) or paragraph (1).
Failure to deliver a statement of case and absence of opposition
15.
—(1) If the Secretary of the Tribunal does not receive a statement of case from the board within the case statement period subject to Article 18A of the 1996 Order[4] or if the board states in writing that it does not resist the appeal, the tribunal shall—
(2) Where the parent's appeal relates to the contents of the child's statement, no statement that the board does not resist the appeal or that it withdraws its opposition shall take effect until the board sends the Tribunal a written statement of the amendments (if any) to the statement which it agrees to make.
Representation at hearing and further action by the board
16.
—(1) Subject to paragraph (2), at a hearing the board may be represented by one person.
(2) If permission is given by the President or, at a hearing the tribunal the board may be represented by more than one person.
(3) The board shall supply the Secretary of the Tribunal the information required in the enquiry made under regulation 30.
(4) If the board does not intend to be represented at the hearing it may, not less than 5 working days before the hearing, send to the Secretary of the Tribunal additional representations in support of its case.
(b) shall include, or be accompanied by, a statement of the parent's reasons for making the claim which must include information relating to the following matters—
(2) The parent shall sign the notice of the claim.
(3) The parent must deliver the notice of claim to the Secretary of the Tribunal.
(4) Where the parent delivers a notice of claim, or otherwise seeks to institute proceedings, after the end of the period specified in paragraph 2(1) (and any extension under paragraph 2(2)) of Schedule 2 to the 2005 Order (Period within which proceedings must be brought), the Tribunal in deciding under paragraph 2(3) of that Schedule whether the tribunal will consider the claim which is out of time, and the Tribunal may seek further information from the parent before making the decision.
(5) The notice of claim may include a request that the President should make an order in accordance with regulation 37(2) that the claim be heard with an appeal.
Reasons for making a claim
18.
—(1) If the notice of claim does not include, or is not accompanied by, a statement of the parent's reasons for making the claim, including the information set out at regulation 17(1)(b), which the President considers sufficient to enable the responsible body to respond to the claim, he shall direct the parent to send particulars of the reasons for making the claim to the Secretary of the Tribunal within 10 working days of his direction.
(2) Regulations 31 and 35 shall apply in relation to a direction under paragraph (1).
(3) Particulars of reasons sent in response to a direction made in accordance with paragraph (1) shall be treated as part of the notice of claim.
Statement of parent's claim, and supplementary provisions
19.
—(1) During the case statement period, the parent may deliver to the Secretary of the Tribunal a written statement of his case which may include the views of the child, and the parent must submit all written evidence on which he intends to rely and which he has not already submitted.
(2) The parent may amend the notice of claim or his statement of case, deliver a supplementary statement of reasons for making the claim, deliver a supplementary statement of case, or make further amendments to any of these documents, if, in exceptional circumstances, permission is given by—
(3) The parent shall deliver to the Secretary of the Tribunal a copy of every amendment and supplementary statement for which permission was given.
(4) If the President gives permission under paragraph (2)(a), he may extend the case statement period under regulation 60(1) or, if it has expired, grant such further period as he considers appropriate.
(5) Where the responsible body has lost its entitlement to attend or be represented at the hearing in accordance with regulation 25 or 35, the giving of permission under paragraph (2) shall restore such entitlement and, if necessary, the hearing shall be rearranged or adjourned, so that the responsible body can be represented, or where the responsible body is an individual, attend.
Withdrawal of a claim
20.
The parent may withdraw his claim—
Further action by the parent
21.
—(1) The parent shall give the Secretary of the Tribunal the information requested in the enquiry made under regulation 30.
(2) If the parent does not intend to attend or be represented at the hearing, he may, not less than 5 working days before the hearing, send to the Secretary of the Tribunal additional written representations in support of his claim.
Parent's representatives
22.
—(1) The parent may by giving written notice to the Secretary of the Tribunal at any time—
(2) To appoint a representative, the parent must give the name, address and profession of the representative.
(3) If a person whom the parent has appointed as a representative notifies the Secretary of the Tribunal in writing that he not prepared, or is no longer prepared, to act in that capacity—
(4) Subject to paragraph (5), at any time after the parent has appointed a representative, and until that appointment is cancelled—
(5) Paragraph (4) applies—
(6) Subject to paragraph (7), at a hearing, the parent may conduct his case himself (with assistance from one person if he wishes) or may appear and be represented by one person.
(7) If permission is given by the President or, at a hearing, the tribunal, the parent may obtain assistance from or be represented by more than one person.
(3) The responsible body may amend its statement of case, deliver a supplementary statement of case or amend a supplementary statement of case if, in exceptional circumstances, permission is given by—
(4) The responsible body shall deliver to the Secretary of the Tribunal a copy of every amendment and supplementary statement for which permission was given.
(5) If the President gives permission under paragraph (3)(a), he may extend the case statement period under regulation 60(1) or, if it has expired, grant a further period not exceeding 15 working days.
(6) Where the parent has lost his entitlement to attend or be represented at a hearing in accordance with regulation 35, the giving of permission under paragraph (3) shall restore such entitlement and, if necessary, the hearing shall be rearranged or adjourned, as appropriate, so that the parent can attend or be represented.
Responsible body's representative
24.
—(1) The responsible body may at any time change its representative for the purposes of the claim by notifying the Secretary of the Tribunal of the name and profession of its new representative.
(2) References in these Regulations (however expressed) to sending documents to, or giving notice to, the responsible body shall be construed as references to sending documents to, or giving notice to, the representative named in accordance with regulation 23(2)(b) or paragraph (1).
Failure to deliver a statement of case and absence of opposition
25.
If the Secretary of the Tribunal does not receive a statement of case from the responsible body within the case statement period or if the responsible body states in writing that it does not resist the claim, or withdraws its opposition to the claim, the tribunal shall—
Representation at hearing and further action by the responsible body
26.
—(1) Subject to paragraph (2), at any hearing the responsible body may—
(2) If permission is given by the President or at a hearing of the tribunal, the tribunal may grant that the responsible body may be represented by more than one person.
(3) The responsible body shall give the Secretary of the Tribunal the information requested in the enquiry made under regulation 30.
(4) If the responsible body does not intend to be represented (or being an individual does not intend either to attend or be represented) at the hearing it may, not less than 5 working days before the hearing, send to the Secretary of the Tribunal additional representations of its case.
(c) at the same time as sending to the parent the notice referred to in sub-paragraph (b)(iv), send to the other party—
(d) if, in accordance with regulation 7(1)(a)(vii), the notice of appeal names a grant-aided school, other than one grant-aided by the board, give the principal of that school notice of the appeal, stating the name and date of birth of the child and the name of the board.
(2) Where it is necessary to determine the identity of the responsible body in relation to any claim, the President may make such enquiries as are necessary for this purpose.
(3) Where it appears to the President or the Secretary of the Tribunal that there may be more than one responsible body in relation to any claim, the President or the Secretary of the Tribunal may send the documentation specified in paragraph (1)(c) to any or all such bodies as may be appropriate.
(4) Where the Secretary of the Tribunal is of the opinion that, on the basis of the notice of appeal or claim, the parent is asking the Tribunal to do something which is not or is no longer within its jurisdiction, he may give notice to the parent—
(5) Where the Secretary of the Tribunal is of the opinion that there is an obvious error in the notice of appeal or claim—
(6) If the Secretary of the Tribunal has given a notice under paragraph (4), the notice of appeal or claim shall only be treated as having been received for the purposes of paragraph (1) when the parent notifies the Secretary of the Tribunal that he wishes to proceed with it.
(7) In paragraph (1)(c) "the other party" means—
Statements of case
28.
—(1) Both parties shall be allowed the same period of 30 working days, commencing on the date on which notification issued further to regulation 27(1)(b)(iv) and (c)(iii) is taken to have been delivered in accordance with regulation 59(6), to send a statement of their respective cases and written evidence to the Secretary of the Tribunal.
(2) Where the President makes a direction in accordance with regulation 8, the period specified in paragraph (1) shall not start, and the Secretary of the Tribunal shall not send a notice as required by regulation 27(1)(b)(iv) or any documents as required by regulation 27(1)(c), until particulars of reasons are received in response to the direction.
Copy document for parties
29.
—(1) Subject to paragraph (2), the Secretary of the Tribunal shall—
(2) If a notice of appeal or claim, or other document is delivered to the Secretary of the Tribunal after the time prescribed by these Regulations, the Secretary of the Tribunal shall not send a copy of it to the other party unless the President extends the time limit pursuant to regulation 60.
(3) If a notice of appeal is amended in accordance with regulation 9(2) so that the parent seeks an order that a grant-aided school, or a different grant-aided school, other than the one already named in the child's statement be named in the statement, the Secretary of the Tribunal shall give the principal of that school notice of appeal, stating the name and date of birth of the child and the name of the board unless the school is grant-aided by the board.
(4) In the event of a school referred to in paragraph (3) not being grant-aided by the board the notice required by that paragraph shall also be given to the board by which the school is grant-aided.
(5) Where the Secretary of the Tribunal sends any of the copies of documents referred to in paragraph (1) to a party who has already informed the Secretary of the Tribunal in response to enquiries made under regulation 30(a)(i) and (ii) that the party does not wish to attend or be represented at the hearing, the Secretary of the Tribunal shall ask whether the party wishes to amend that response on the basis of the copies received.
Enquiries by the Secretary of the Tribunal
30.
The Secretary of the Tribunal shall, at any time after he has received the notice of appeal or, in respect of a claim at any time after having sent each party's statement of case and written evidence to the other party in accordance with regulation 29(1)(b)—
(b) enquire of the parent whether he wishes any persons (other than a person who will represent him or any witness whom he proposes to call) to attend the hearing if the hearing is in private and if so the name of such persons; and
(c) inform each party of the effect of regulation 40(4)(c) and the provisions of regulation 44(1) and (2);
(d) inform the parties that where an answer to the enquiries under sub-paragraph (a) or (b) changes after the party has responded to the enquiries, the party concerned must inform the Secretary of the Tribunal in writing forthwith.
Directions in preparation for a hearing and determination of preliminary issues
31.
—(1) The President may, on the application of a party or on his own motion, at any time before the hearing give such directions on any matter arising in connection with the proceedings as appear to him to be appropriate, including such directions as are provided in regulations 33 and 34 to enable the parties to prepare for the hearing or to assist the tribunal to determine the issues.
(2) An application by a party for directions shall be made in writing to the Secretary of the Tribunal and, unless it is accompanied by the written consent of the other party, shall be served by the Secretary of the Tribunal on that other party. If the other party objects to the directions sought, the President shall consider the objection and, if he considers it necessary for the determination of the application, shall give the parties an opportunity of appearing before him.
(3) If in the opinion of the President there would not be a reasonable time before a hearing of which notice has been given under regulation 38 to comply with a direction for which a party applies, he shall refuse the application.
(4) A direction shall—
(5) Where in accordance with regulation 37—
(6) Where it appears to the President that there is an issue in the appeal or the claim, as the case may be, which must be determined prior to the substantive hearing of either the appeal or the claim, he may direct the parties to appear before him.
Varying or setting aside directions
32.
Where a party to whom a direction is addressed had no opportunity to object to the giving of such direction and he did not give his written consent to the application for it, he may apply to the President, by notice to the Secretary of the Tribunal, to vary it or set it aside, but the President shall not do so without first notifying the other party and considering any representations made by that party.
Particulars and supplementary statements
33.
The President may give directions requiring any party to provide in or with that party's statement of case, such particulars or supplementary statements or other evidence as may reasonably be required for the appeal or the claim to be fairly disposed of.
Disclosures of documents and other material
34.
—(1) The President—
(2) The President may grant to a party an order for such disclosure or inspection of documents (including the taking of copies) as might be granted by a county court.
Failure to comply with directions
35.
—(1) If a party has not complied with a direction within the time specified in the direction the tribunal may—
(2) In this regulation "the party in default" means the party which has failed to comply with the direction.
Summoning witnesses
36.
—(1) The President may by summons require any person in Northern Ireland to attend as a witness at a hearing of an appeal or claim at such time and place as may be specified in the summons, and at any adjournment of that hearing, and at the hearing to give evidence or produce any documents or other material in his custody or under his control which relate to any matter in question in the appeal or claim:
(2) A party seeking a witness summons shall apply in writing to the Secretary of the Tribunal at least 8 working days before the hearing, or later if the person to whom the summons is to be addressed consents in writing.
(3) A witness summons shall contain—
(4) A person to whom a witness summons is addressed may apply to the President, by notice to the Secretary of the Tribunal, to vary it or set it aside, but the President shall not do so without first notifying the party who applied for the issue of the summons and considering any representations made by that party.
Consolidating appeals or claims and hearing claims together with appeals under the Education (Northern Ireland) Order 1996
37.
—(1) Where more than one appeal or claim, or an appeal and a claim relates to the same child, or requires a decision on substantially the same issue, the President may order that they be heard at the same hearing.
(2) Subject to paragraphs (3) and (4), where a claim relates to the same child and either arises from the same circumstances or requires a decision on substantially the same issue as an appeal against a Board under Part II of and Schedule 2 to the 1996 Order, the President may order that the claim be heard with the appeal.
(3) Nothing in paragraph (2) shall permit the President to make an order under that paragraph where a parent has failed to bring an appeal within the time limit for such appeals provided for by regulation 7(3) or any extension of time granted under these Regulations.
(4) The President may only make an order under paragraph (2) if, in addition to complying with the requirements of paragraph (7), the making of an order would not cause undue delay to the determination of the appeal.
(5) The President may make an order varying or revoking an earlier order made under paragraph (1).
(6) Subject to paragraph (7), the President may make an order under this regulation on the written request of either party or on his own motion.
(7) An order made under this regulation shall only be made if it appears to be just and convenient to do so, and before an order is made the parties to every appeal or claim shall be given an opportunity to be heard.
Notice of place and time of hearings and adjournments
38.
—(1) Subject to regulation 39, the Secretary of the Tribunal shall, after consultation with the parties, fix the time and place of the hearing and send to each party a notice that the hearing is to be at such time and place.
(2) The notice of hearing referred to in paragraph (1) shall be sent—
(3) The Secretary of the Tribunal shall include in or with the notice of hearing—
(4) The tribunal may alter the time and place of any hearing and the Secretary of the Tribunal shall give the parties not less than 5 working days (or such shorter time as the parties agree) notice of the altered hearing date:
Provided that any altered hearing date shall not (unless the parties agree) be before the date notified under paragraph (1).
(5) If the time and place of an adjourned hearing are announced at the hearing before the adjournment, no further notice shall be required.
(6) Nothing in paragraphs (1) to (4) shall oblige the Secretary of the Tribunal to consult, or send a notice to any party who is not entitled to be represented at a hearing.
(7) In this regulation "working day" means any day other than a Saturday, a Sunday, or a public holiday.
(2) The provisions of regulation 41(2) shall apply in respect of the determination of an appeal or claim, or any particular issue, under this regulation.
Hearings to be in private: exceptions
40.
—(1) A hearing shall not be in private if—
(2) The following persons (as well as the parties and their representatives and witnesses) shall be entitled to attend the hearing of an appeal or a claim, even though it is in private—
(3) The tribunal, with the consent of the parties or their representatives actually present, may permit any other person to attend the hearing of an appeal or a claim which is held in private.
(4) Without prejudice to any other powers it may have, the tribunal may exclude from the hearing, or part of it—
(5) For the purposes of arriving at its decision a tribunal shall, and for the purpose of discussing a question of procedure may, notwithstanding anything contained in these Regulations, order all persons to withdraw from the sitting of the tribunal other than the members of the tribunal and any of the persons mentioned in sub-paragraphs (d) to (g) of paragraph (2) or, as their respective duties require, sub-paragraphs (h) and (i), of that paragraph.
(6) Except as provided in paragraphs (7) and (8) none of the persons mentioned in paragraph (2) or (3) shall, save in the case of the persons specified in sub-paragraphs (d), (h) and (i) of paragraph (2) as their respective duties require, take any part in the hearing or (where entitled or permitted to remain) in the deliberations of the tribunal.
(7) The tribunal may permit the child to give evidence and to address the tribunal on the subject matter of the appeal or the claim.
(8) The tribunal may permit a parent of the child to give evidence and to address the tribunal on the subject matter of the appeal or the claim.
(9) Where the parent has named more than two persons in response to the enquiry under regulation 30(b) only two persons shall be entitled to attend the hearing unless the President, or the tribunal at a hearing gives permission for a greater number to attend.
Failure of parties to attend a hearing
41.
—(1) If a party fails to attend or be represented at a hearing of which he had been duly notified, the tribunal may—
(2) Before disposing of an appeal or a claim in the absence of a party, the tribunal shall consider any representations in writing submitted by that party in response to the notice of hearing and, for the purpose of this regulation the notice of appeal or claim and the parties' statements of their cases shall be treated as representations in writing.
Procedure at hearing
42.
—(1) At the beginning of the hearing the chairman shall explain the order of proceedings which the tribunal proposes to adopt.
(2) The tribunal shall conduct the hearing in such manner as it considers the most suitable to the clarification of the issues and generally to the just handling of the proceedings; it shall, as far as it appears to it appropriate, seek to avoid formality in its proceedings.
(3) The tribunal shall determine the order in which the parties are heard and the issues determined.
(4) The tribunal may, if it is satisfied that it is just and reasonable to do so, permit—
(5) If, at or after the beginning of a hearing a member of the tribunal other than the chairman is absent, the hearing may, with the consent of the parties, be conducted by the two other members and in that event the tribunal shall be deemed to be properly constituted and the decision of the tribunal shall be taken by those two members.
Late written evidence
43.
—(1) At the beginning of the hearing, a party may submit further written evidence which satisfies the conditions set out in paragraph (2) unless the tribunal, after considering any representations from the other party, is of the opinion that the admission of such evidence would be contrary to the interests of justice.
(2) The conditions are that—
(3) If paragraph (1) does not apply, the tribunal may give a party permission to submit further written evidence at the hearing if it is of the opinion that—
(4) Before the hearing the tribunal may refer to copies of the evidence sent to the Secretary of the Tribunal under paragraph (2)(b) for the purpose of considering whether or not it satisfies the conditions in that paragraph; but if the evidence is not admitted the tribunal shall disregard it in determining the appeal or claim.
Evidence at hearing
44.
—(1) In the course of the hearing the parties shall be entitled to give evidence, to call witnesses, to question any witness and to address the tribunal both on the evidence, including the written evidence submitted before the hearing, and generally on the subject matter of the appeal or the claim:
Provided that neither party shall be entitled to call more than 2 witnesses in the case of an appeal or 5 witnesses in the case of a claim to give evidence orally (in addition to any witness whose attendance is required pursuant to paragraph (2)) unless the President, or the tribunal at a hearing gives permission.
(2) Evidence before the tribunal may be given orally or by written statement, but the tribunal may at any stage of the proceedings require the personal attendance of any maker of any written statement:
Provided that a party shall not be entitled to give evidence by written statement if such evidence is submitted with the notice of appeal or claim or the statement of his case or in accordance with a direction under regulation 33.
(3) The tribunal may receive evidence of any fact which appears to the tribunal to be relevant.
(4) The tribunal may require any witness to give evidence on oath or affirmation, and for that purpose there may be administered an oath or affirmation in due form, or may require any evidence given by written statement to be given by affidavit.
Adjournments and directions
45.
—(1) The tribunal may from time to time adjourn the hearing.
(2) When a hearing is adjourned—
(3) A direction under paragraph (2)(a) may require a party to provide such particulars, evidence or statements as may reasonably be required for the determination of the appeal or claim.
(4) If a party fails to comply with such a direction, the tribunal shall take account of that fact when determining the appeal or the claim or deciding whether to make an order for costs.
Decisions of the tribunal
46.
—(1) A decision of the tribunal may be taken by a majority and where the tribunal is constituted by two members under regulation 42(5) the chairman shall have the second or casting vote.
(2) The decision of the tribunal may be given orally at the end of the hearing or reserved and, in any event, whether there has been a hearing or not, shall be recorded forthwith in a document which save in the case of a decision by consent, shall also contain, or have annexed to it, a statement of the reasons (in summary form) for the tribunal's decision, and each such document shall be signed and dated by the chairman.
(3) Neither a decision given orally nor the decision referred to in paragraph (2) shall contain any reference to the decision being by majority (if that be the case) or to any opinion of a minority.
(4) Every decision of the tribunal shall be entered in the records.
(5) As soon as practicable the Secretary of the Tribunal shall send a copy of the document referred to in paragraph (2) to each party, accompanied by guidance, in a form approved by the President, about the circumstances in which there is a right to appeal against a decision and the Tribunal procedure to be followed.
(6) Where, under regulation 12 or 22 a parent has appointed a representative the Secretary of the Tribunal shall send a copy of the documents referred to in paragraph (5) to the parent as well as to the representative.
(7) Every decision shall be treated as having been made on the date on which a copy of the document recording it is sent to the parent (whether or not the decision has previously been announced at the end of the hearing).
Application or proposal for review of tribunal's decision
47.
—(1) A party may apply to the Secretary of the Tribunal for the decision of the tribunal to be reviewed on the grounds that—
(2) An application that a decision of the tribunal be reviewed shall—
(3) An application that a decision of the tribunal be reviewed may be refused by the President, or by the chairman of the tribunal which decided the case, if in his opinion it has no reasonable grounds of success.
(4) Unless an application that a decision of the tribunal be reviewed is refused in accordance with paragraph (3), it shall be determined, after the parties have had an opportunity to be heard, by the tribunal which made the decision or, where that is not practicable, by a tribunal appointed by the President.
(5) The tribunal may on its own motion propose to review its decision on any of the grounds referred to in paragraph (1), in which case—
(6) If, on the application of a party or on its own motion, the tribunal is satisfied as to any of the grounds referred to in paragraph (1)—
(7) A direction under paragraph (6) may require a party to provide such particulars, evidence or statements as may reasonably be required for the determination of the review.
(8) If a party fails to comply with such a direction, the tribunal shall take account of that fact when determining the review or deciding whether to make an order for costs.
Review of tribunal's decision
48.
—(1) A tribunal which reviews all or part of a decision may—
(2) If the decision is set aside or varied, the Secretary of the Tribunal shall alter the entry in his records to conform to the chairman's certificate and shall notify the parties accordingly.
Review of the President's decision
49.
—(1) On the application of a party to the Secretary to the Tribunal or on his own motion, the President may review and set aside or vary any decision of his if he is satisfied that—
(2) An application by a party for a review under paragraph (1) shall be made—
(3) Where the President proposes to review his decision on his own motion he shall serve notice of that proposal on the parties not later than 10 working days after they were notified of that decision.
(4) The parties shall an opportunity to be heard on any application or proposal for review under this regulation and the review shall be determined by the President.
(5) If any decision is set aside or varied under this regulation the Secretary of the Tribunal shall alter the entry in the records and shall notify the parties accordingly.
(6) A decision by the President not to extend the parent's time for delivering a notice of appeal under regulation 7(3) or a notice of claim under regulation 17(3) shall be capable of being reviewed under this regulation on the application of the parent as if he were party to such an appeal or claim. In such a case, the board or responsible body shall not be entitled to be heard or notified.
Orders for costs and expenses
50.
—(1) The tribunal shall not normally make an order in respect of costs and expenses, but may, subject to paragraph (3), make such an order—
(2) Any order in respect of costs and expenses may be made—
(3) No order shall be made under paragraph (1) against a party without first giving that party an opportunity of making representations against the making of the order.
(4) An order under paragraph (1) may require the party against whom it is made to pay the other party either a specified sum in respect of the costs and expenses incurred by that other party in connection with the proceedings or the whole or part of such costs as taxed (if not otherwise agreed).
(5) Any costs required by an order under this regulation to be taxed may be taxed in the county court in accordance with the scales prescribed by the county court rules for such proceedings in the county court as shall be directed in the order.
(3) The notice under paragraph (1) shall invite the parent to make representations.
(4) The tribunal may, after considering any representations duly made by the parent, order that the appeal or claim should be struck out on one or both of the grounds specified in paragraph (2) or for want of prosecution.
(5) The tribunal may make such an order without holding a hearing unless the parent requests the opportunity to make oral representations, and if the tribunal holds a hearing it may be held at the beginning of the hearing of the substantive appeal or claim.
(6) The President may, if he thinks fit, at any stage of the proceedings order that a statement of a party's case should be struck out or amended on the grounds that it is scandalous, frivolous or vexatious.
(7) Before making an order under paragraph (6), 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.
(8) For the purpose of this regulation—
Power to exercise powers of President and chairman
54.
—(1) An act which these Regulations require or authorise the President to do may be done by a member of the chairman's panel authorised by him.
(2) Where a member of the chairman's panel authorised under paragraph (1)—
(3) Subject to regulation 58(6), in the event of the death or incapacity of the chairman, or if he ceases to be a member of the chairman's panel, following the decision of the tribunal, the functions of the chairman for the completion of the proceedings, including any review of the decision, may be exercised by the President or any member of the chairman's panel.
Power to exercise the functions of a lay member
55.
—(1) In the event of the death or incapacity of a member of the tribunal other than the chairman, or if he ceases to be a member of the lay panel, following the decision of the tribunal, the functions of the tribunal in relation to any review of that decision may be undertaken by the two other members.
(2) This regulation shall not apply to a tribunal—
The Secretary of the Tribunal
56.
A function of the Secretary of the Tribunal may be performed by another member of the staff of the Tribunal authorised by the President.
Orders of the Court
57.
—(1) If any decision of the tribunal is set aside, varied or altered in any way by order of a superior court, the Secretary of the Tribunal shall alter the entry in the records to conform to that order and shall notify the parties accordingly.
(2) If an appeal or claim is remitted to the tribunal by order of a superior court to be reheard, the Secretary of the Tribunal shall notify all parties that, during a period of 15 working days beginning with the date of that order of the superior court (or such shorter period as the parties may agree in writing) each may submit a supplementary statement of his case and further written evidence.
(3) If an order to strike out an appeal or claim is quashed or set aside by order of a superior court, the Secretary of the Tribunal shall notify the parties—
(b) where sub-paragraph (a) does not apply, that each party has a period of 15 working days beginning with the date of the order of the superior court to submit a supplementary statement of his case and further written evidence.
(4) The Secretary of the Tribunal shall forthwith send a copy of all statements and written evidence received from a party during the periods referred to in paragraphs (2) and (3)(b) to the other party.
Irregularities
58.
—(1) An irregularity resulting from failure to comply with any provision of these Regulations or of any direction of the tribunal before the tribunal has reached its decision shall not of itself render the proceedings void.
(2) Where any such irregularity comes to the attention of the tribunal, the tribunal may, and shall, if it considers that any person may have been prejudiced by the irregularity, give such directions as it thinks just before reaching its decision to cure or to waive the irregularity.
(3) Clerical mistakes in any document recording the decision of the tribunal or a direction or decision of the President produced by or on behalf of the tribunal or errors arising in such documents from accidental slips or omissions may at any time be corrected by the chairman or President (as the case may be) by certificate under his hand.
(4) The Secretary of the Tribunal shall as soon as may be send a copy of any corrected document containing reasons for the tribunal's decision, to each party.
(5) Where a parent has appointed a representative in accordance with regulation 12 or 22, the Secretary of the Tribunal shall (notwithstanding regulation 12(4) or 22(4)) send a copy of the document referred to in paragraph (4) to the parent as well as the representative.
(6) Where these Regulations require the chairman to sign a document, but by reason of death or incapacity he is unable to do so, the other members of the tribunal shall sign it and certify that the chairman is unable to sign.
Method of sending, delivering or serving notices and documents
59.
—(1) A notice given under these Regulations shall be in writing and a party whom the Regulations require to notify a matter to the Secretary of the Tribunal shall do so in writing.
(2) Notices and documents required by these Regulations to be sent or delivered to the Secretary of the Tribunal or to the Tribunal may be sent by post, by facsimile transmission or by electronic mail to or delivered at the office of the Tribunal or such other office as the Secretary of the Tribunal may notify to the parties.
(3) Notices and documents which these Regulations authorise or require the President or the Secretary of the Tribunal to send may (subject to paragraph (5)) either be sent by first class post or by facsimile transmission to or delivered at—
(b) in the case of any other person, his place of residence or business or if such person is a corporation, the corporation's registered or principal office.
(4) A party may at any time by notice to the Secretary of the Tribunal change his address for service under these Regulations.
(5) The recorded delivery service shall be used instead of first class post for service of a summons under regulation 36 requiring the attendance of a witness.
(6) A document or notice sent by the Secretary of the Tribunal by post in accordance with these Regulations, and not returned, shall be taken to have been delivered to the addressee on the second for normal postal deliveries after it was posted.
(7) A notice or document sent by facsimile transmission or electronic mail shall be taken to have been delivered when it is received in legible form.
(8) Where for any sufficient reason service of any document or notice cannot be effected in the manner prescribed under this regulation, the President may dispense with service or make an order for substituted service in such manner as he may deem fit and such service shall have the same effect as service in the manner prescribed under this regulation.
Extensions of time
60.
—(1) Where these Regulations or a direction made under them requires or authorises a person to do something within a period of time, the President may, on the application of that person or on his own motion, in exceptional circumstances extend that period of time.
(2) Where the President has extended a period of time reference in these Regulations to that period of time shall be construed as a reference to the period of time as so extended.
Change of Board (SEN appeals only)
61.
—(1) This regulation applies if, after the date on which the disputed decision is taken, the child becomes the responsibility, within the meaning of Article 13 of the 1996 Order, of a Board ("the new Board") other than the Board which made the disputed decision ("the old Board").
(2) On receiving evidence that this regulation applies, the President may order that, for all the purposes of the appeal, the name of the new Board be substituted for the old Board.
(3) The old Board, the new Board and the parent shall have an opportunity to be heard before an order is made under paragraph (2).
(4) When an order is made under paragraph (2)—
Revocation and saving
62.
—(1) Subject to paragraph (2) the Special Educational Needs Tribunal Regulations (Northern Ireland) 1997[5] are hereby revoked.
(2) In relation to any appeal where the notice of appeal was entered in the records of the Tribunal before 1st September 2005, those Regulations shall continue to apply to such an appeal.
Sealed with the Official Seal of the Department of Education on
15th July 2005.
L.S.
June Ingram
Assistant Secretary of the Department of Education
[2] S.I. 2005/1117 (N.I. 6)back
[3] Schedule 2 was substituted by Article 12 of and Schedule 1 to S.I. 2005/1117 (N.I. 6)back
[4] As inserted by Article 8 of S.I. 2005/1117 (N.I. 6)back