Q:
12.08 Are there particular rules about what goes in an ETW appeal application notice?
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 01 Nov 2024
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Yes
Complex
Yes. The application notice must comply with the requirements of r.11 EdTW Regs 2021. It must be signed by the applicant or representative and must include—
- the name and address of the person making the appeal;
- the name and date of birth of the child or young person,
- if relevant, the relationship or connection of the person making the appeal to the child or young person,
- the names and addresses of all persons who
- have parental responsibility for the child, or
- share parental responsibility for the child, or
- have care of the child, or reasons why the names and addresses of such persons are not provided,
- the name and address of any representative or case friend for the person making the appeal,
- an address and, if available, an e-mail address, where notices and documents for the person making the appeal should be sent,
- the name and address of the local authority or FEI governing body which made the disputed decision,
- the date on which the person making the appeal received written confirmation of the disputed decision,
- the reason or reasons for making the appeal,
- the result sought,
- the steps, if any, already taken to resolve the dispute, and
- any communication requirements and preferences of the child or young person.
It is unlikely that a notice that does not comply with this information will be invalid for failing to comply with the requirements in an application notice in r. 20(2) may not mean it is invalid - a defective notice can be sufficient to register an appeal. Only where the application notice is so incoherent or lacking in specifics that it cannot properly be construed as “disclosing an intention to start proceedings”, the ETW may conclude that it is not an application notice at all. In that situation, if the time limit has expired by the time the individual has prepared a valid notice, the individual will face the presumption against admission of a late application notice set out in para. 20(4): KD v Essex CC [2018] UKUT 147 (AAC)
Nodi glossary: Education Tribunal Wales
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