The claimant had appealed to the Special Educational Needs Tribunal. The authority had called two witnesses, as allowed and the representative also gave evidence. The claimants said that this was a breach of the rule allowing only two witnesses.
Held: The rules were designed to try to achieve equality of arms between the parties. The restriction in the rules on the calling of more than two witnesses without the consent of the tribunal, did not operate to prevent the authority giving evidence through its representative advocate. This restored parity with a claimant.
Judges:
Elias J
Citations:
Times 21-Jan-2000
Statutes:
Special Educational Needs Tribunal Regulations 1995 (1995 No 3113) 29(1)
Jurisdiction:
England and Wales
Education, Local Government
Updated: 05 May 2022; Ref: scu.88472