Q:
12.15 Can the ETW simply rubber stamp an agreement between the parties?
Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
01 Nov 2024
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 01 Nov 2024
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Other
Complex
Can't answer yes or no.:
The EdTW Regs 2021 do not impose specific obligations on the ETW to consent to a party withdrawing its case or to consider whether it is appropriate to conclude proceedings by consent.
This is different to the situation in the English tribunal which is required to consent to a party withdrawing its case (r. 17) or consider whether it is appropriate to make a consent order (r. 29).
However, where the ETW makes an order for an IDP to be revised under s.71(d) ALNET it should not adopt or accept suggested wording without at least checking the legality of it. This was an observation made in the English case of: East Sussex CC v TW [2016] UKUT 528 (AAC) para 38. In that case the parties had incorrectly agreed the wording “residential care home” instead of “residential setting”
Nodi glossary: Education Tribunal Wales
Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
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