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- 01 Nov 2024
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Where the decision concerns a child, the appeal can be brought by the child or their parents: s.70 (2) ALNET.
Where the decision concerns a person over compulsory school age but under 25 (a young person) it is usually only the Young Person that can appeal to the Tribunal: s.70(2) ALNET. It is wrong to refer to a parent 'bringing a claim on behalf of‘ a Young Person: Buckinghamshire CC v SJ [2016] UKUT 254 (AAC) & LB Hillingdon v WW [2016] UKUT 253 (AAC).
A case friend appointed on behalf of a child, or a representative appointed on behalf of a Young Person or parent of a CYP will also have a right of appeal: para 41 ALN Regs 2021. A case friend must act fairly and competently, not have any interests adverse to the child, ensure all steps are taken for the benefit of the child and take account of the child's views as far as possible: s.85(6) ALNET.
Anyone bringing an appeal can appoint another person to represent them, by giving written notice to the Tribunal, which includes the name, address and contact details of the representative: r.16 EdTW Regs 2021. They can change representative or represent themselves by giving similar notice in writing. Where a representative is appointed, it is still the CYP, parents or case friend that is the appellant and makes the decisions in respect of the appeal.
Nodi glossary: Education Tribunal Wales
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