Consultation on draft SENT(W) Rules

July 13th, 2011

On 6th July, the Welsh Government published draft regulations for the SENT for Wales, with a consultation document, the English language version of which states:-

What are the main issues?

1. These draft Regulations consolidate and overhaul the existing four sets of regulations that apply to SEN appeals and claims of disability discrimination.

2. They set out the procedure to be followed by a person when making a SEN appeal or a claim of disability discrimination in education to the Tribunal. They also set out the procedure governing the proceedings for determining a SEN appeal or a claim of disability discrimination and the procedure relating to compliance with orders of the Tribunal.

3. The Secretary of State for Justice’s consent is required to make provision in the draft Regulations relating to the constitution of the Tribunal, members of the Tribunal panel and compliance with Tribunal Orders. Welsh Ministers are seeking consent.

4. The draft Regulations will give effect to the Education (Wales) Measure 2009 by enabling children in specified pilot areas to make an SEN appeal or claim of disability discrimination to the Tribunal themselves

5. In addition, the opportunity has been taken to improve the structure of the legislation and recast it in more “plain English” terms to improve its user-friendliness.

Peter Oldham QC

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