Q:

12.07 Can a person appeal to the tribunal at any time?

Nodi No-nonsense Guide Wales

Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
01 Nov 2024

A: SenseCheck

  • 0 Yes
  • 1 No
  • 0 Other

Sort

  • 01 Nov 2024
  • No

    Complex

    No. An appeal to the Tribunal must be received on the first working day after expiry of 8 weeks beginning on the date when a notice of decision and right of appeal was given: reg 10 ETW 2021. This time can be extended by a further 8 weeks if the matter is referred to dispute resolution under s.68 ALNET, before the original time for making an appeal to ETW expires.

    Such notice will be given s.88 ALNET, para 3 ALN Regs 2021 & s.7 Interpretation Act 1978.

    • Where it is left at the person’s last known address, the day it was left there. 
    • Where it was sent by electronic communication, the day on which the communication was sent, unless the person can prove it was not received or received at a later date. 
    • Where it was sent by post, the time which it would normally have arrived, unless the person can prove it was received on another date. 

    The President of the Tribunal may consider any claim which is out of time if the President considers it fair and just to do so: r. 14 ETW2021

    Nodi glossary:  Education Tribunal Wales

    Nodi No-nonsense Guide Wales

    Nodi No-nonsense Guide Wales
    Authors: Civitas Law education team