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• 01 Nov 2024

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  Complex

  No. In England, the High Court has held that “A specialist tribunal, such as the SENDIST, can use its expertise in deciding issues [including rejecting expert evidence], but if it rejects expert evidence before it, it should state so specifically. …… where the specialist tribunal uses its expertise to decide an issue, it should give the parties an opportunity to comment on its thinking and to challenge it.”: L v Waltham Forest [2003] EWHC 2907 para 14.

  The ETW is, a specialist tribunal and Nodi thinks that that approach is likely to apply to the ETW also.

  It has been held that the FTT can use its expertise in deciding between competing expert views and, for example, in ordering a level of provision in between that contended for by competing experts: Wiltshire CC v TM and SENDIST [2005] EWHC 2521 (Admin) para 27; T & A v London Borough of Wandsworth [2005] EWHC 1869 para 16-23; D v SENDIST [2005] EWHC 2722 para 13. The extent to which the ETW is required to put its thinking to the parties depends on the circumstances and considerations of procedural fairness.

  More: >12.20 Can the ETW reach a decision on a point which the parties have not had a fair chance to respond to? 

  Nodi glossary:  Education Tribunal Wales

  

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

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