PART BSPECIAL EDUCATIONAL NEEDS APPEALS AND DISABILITY CLAIMS

COMMENCING PROCEEDINGS

Making an appeal or claim

Period within which proceedings must be commenced12

1

An appeal to the Tribunal must be made by application in writing in accordance with these Regulations and must be received by the Tribunal no later than the first working day after the expiry of two months beginning with the date when written notice of the local authority’s decision and the right to appeal under Part 4 of the 1996 Act against that decision was given17.

2

If, in relation to an appeal or a prospective appeal, the dispute concerned is referred for dispute resolution under section 332BA of the 1996 Ac18 ) before the end of the period specified in paragraph (1), the period allowed by that paragraph is extended by three months.

3

A claim to the Tribunal must be made by application in writing in accordance with these Regulations and must be received by the Tribunal no later than the first working day after the end of the period stated in paragraph 4(1) of Schedule 17 to the 2010 Act19.

4

If, in relation to a claim or a prospective claim, the dispute concerned is referred for dispute resolution under paragraph 6C of Schedule 17 to the Equality Act 201020 or conciliation under section 27(1) of the Equality Act 200621 before the end of the period specified in paragraph (1), the period allowed by that paragraph is extended by three months.

5

Subject to regulation 17, the Tribunal may not consider—

a

an appeal application unless proceedings are commenced in accordance with paragraphs (1) and (2);

b

a claim application unless proceedings are commenced in accordance with paragraphs (3) and (4).