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• 01 Nov 2024

• Yes

  Complex

  Yes. r. 24 EdTW Regs 2021 requires the Secretary of the Tribunal to make enquiries as to whether any party or witness has any disabilities that may require reasonable adjustments to be made.

  Any failure to make special arrangements or reasonable adjustments would likely have to be shown to be material in order to give rise to a ground of appeal as is the case in England: AA and BA v A Local Authority (SEN) [2021] UKUT 54 (AAC) para 4-7, 13, 22-23.

  The ETW must conduct proceedings in a fair way. This would include making reasonable adjustments for those participating. However, the tribunal is also entitled to respect individual autonomy: those attending should raise any difficulties they have at the time and not after the event. Where someone has said, at the beginning of a hearing that they would manage it is reasonable to expect that person to raise an issue if this changes: TC and BW v LB Islington [2021] UKUT 196 (AAC) para 28-29.

  Nodi glossary:  Education Tribunal Wales

  

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

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