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• 01 Nov 2024

• Yes

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  Yes. Under r. 26 EdTW Regs 2021 where the Tribunal proposes to strike out the appeal then the parties must be given notice. An appeal may be struck out where the appeal is:

  (a) made otherwise than in accordance with these Regulations;

  (b) is not, or is no longer, within the jurisdiction of the Tribunal;

  (c) discloses no reasonable grounds; or

  (d) is an abuse of the Tribunal’s process.

  However striking  out is generally seen as a harsh action taken only when there are no other options. This is particularly the case in an ALN context “where the participation of both parties is most likely to contribute to achieving the “correct” outcome”: RBKC v MJ [2017] UKUT 102 (AAC) para 23.

  Nodi glossary:  Education Tribunal Wales

  

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

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