The Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002

Notice of claim

7.—(1) A claim to the tribunal shall be made by notice which—

(a) shall state—

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

(ii) the name and date of birth of the child;

(iii) that the notice is a notice of claim;

(iv) where it is alleged that a school has discriminated against the child, the name and address of the school;

(v) where it is alleged that a local education authority has discriminated against the child, or where a school named under sub-paragraph (iv) is maintained by a local education authority, the name of the local education authority;

(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—

(i) the nature of the child’s disability;

(ii) the way in which it is alleged the child has been discriminated against;

(iii) the date or dates on which the alleged discrimination took place.

(2) The parent shall sign the notice of 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 10(1) (and any extension under paragraph 10(2)) of Schedule 3 of the 1995 Act (Period within which proceedings must be brought), the President shall decide under paragraph 10(3) of that Schedule whether the tribunal will consider the claim out of time, and the President may seek further information from the parent before making the decision.

(5) The notice of claim may include a request that the claim be heard with an appeal against a local education authority under Part IV of the 1996 Act, in accordance with regulation 27(2).