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Needs Code February 2017

Draft%20Additional%20Learning%20Needs%20Code%20February%202017

Decisions the Education

Decisions the Education Tribunal Can Make 19.4 The Tribunal may 270 : dismiss the appeal; order that a person has, or does not have, ALN of a kind specified in the order; order a governing body, FEI or local authority to revise an IDP as specified in the order; order a governing body, FEI or local authority to prepare an IDP as specified in the order order a governing body, FEI or local authority to maintain an IDP (with or without revisions); order a local authority to take over responsibility for maintaining an IDP; remit the case to the governing body or local authority responsible for the matter for it to reconsider whether, having regard to any observations made by the Tribunal, it is necessary for a different decision to be made or different action to be taken; on a s.63 application, declare that a child either does or does not have the capacity to understand a. Information or documents about ALN b. what it means to exercise rights under the ALN Act; and appoint and remove a person to be a case friend for a child. 271 The Appeal Process 19.5 [Section 68 of the Act provides that regulations may make provision about the initiation of an appeal and the proceedings of the Tribunal and other detail. The need for further guidance will be considered in the light of the regulations which the Welsh Ministers will make]. 19.6 The Tribunal provides advice and guidance on registering an appeal and on the procedure. This is available on the Tribunal’s website. 19.7 Appeals are heard in private 272 at different locations throughout Wales. The Tribunal will notify the relevant parties when and where the hearing will take place. Appeals are heard by a group of Tribunal members, who constitute the Tribunal Panel. 273 The Panel has specialist knowledge and experience in order to assess the case. 19.8 Once an appeal has been lodged and the Tribunal has registered the appeal they will notify the relevant parties and request relevant information and evidence. 270 Section 64 of the Act. 271 Section 76(2) of the Act 272 Section 68(3) of the Act, subject to exceptional circumstances which may be provided for in regulations 273 Section 79(2) of the Act. Page | 184

19.9 When an appeal has been heard by the Tribunal they will notify the parties to the case of their decision. Timescales relating to appeals 19.10 [The regulations to be made under section 68 will set out timescales within which appeals must be made. For illustration, the existing regulations on appeals require appeals to be made within two months beginning with the date on which a written notice of a decision is issued by a local authority with the ability to extend this to three months where a disagreement has been referred for disagreement resolution]. Compliance with Orders 19.11 If the Tribunal makes an order, the governing body or local authority concerned must comply with it before the end of the prescribed period beginning with the date it is made. 274 [The tribunal procedure regulations will include this]. Appealing Against the Decision of the Tribunal 19.12 A party to any proceedings before the Tribunal may appeal to the Upper Tribunal on any point of law arising from a decision made by the Tribunal. 275 An appeal to the Upper Tribunal may be brought forward only if the Tribunal or the Upper Tribunal has given its permission for the appeal to be brought. 19.13 This means that if a child, child’s parent or young person considers the decision of the Tribunal is wrong in law they can appeal to the Administrative Appeals Chamber of the Upper Tribunal. The Upper tribunal will not consider the merits of the case, or hear any disagreements arising from the case, except for on points of law. Judicial Review 19.14 Parents and young people can make an application to the Administrative Court for Judicial Review in relation to some aspects. The Administrative Court can consider decisions of local authorities in the exercise of their duties including decisions about additional learning needs for children and young people. For example, a judicial review in relation to an IDP may be a review of the way in which decisions that are reflected in the plan were made rather than the content of these decisions. An application for judicial review will be considered only once all other options for remedy have been exhausted. Any application for judicial review is time bound. 274 Section 69 of the Act. 275 Section 72 of the Act. Page | 185

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