The Additional Support Needs Tribunals for Scotland (Practice and Procedure) Rules 2006

Case statement period and statement of appellant’s case

8.—(1) Where rule 7 does not apply or a convener is satisfied under rule 7(3), the Secretary shall send notice in writing to both parties advising them of the dates of the case statement period.

(2) The case statement period shall be the period of 30 working days beginning on the date on which notice under paragraph (1) is taken to have been received in accordance with rule 48.

(3) Before the end of the case statement period the appellant must submit all written evidence to be relied on and which has not already been submitted and may submit to the Secretary a written statement of the appellant’s case, which may include the views of the child or young person.

(4) In exceptional circumstances the appellant may amend the reference, submit a supplementary written statement of the appellant’s case or amend a supplementary written statement, if permission is given by a convener or a Tribunal at a hearing.

(5) The appellant shall submit to the Secretary a copy of every amendment and supplementary statement for which permission is given.

(6) Subject to paragraph (7) a convener may make an order shortening or extending the case statement period in any reference–

(a)which relates to the refusal of a placing request; or

(b)in relation to which an order has been made under rule 20(1).

(7) A convener may only make an order under paragraph (6) if satisfied that–

(a)both parties will have sufficient time to prepare their cases; and

(b)it is fair and just to do so.

(8) In the case of any reference where permission is given by a convener under paragraph (4) the convener giving permission may extend the case statement period if satisfied that it is fair and just to do so.

(9) If, at the time permission is granted under paragraph (4), the authority is not entitled to take any part in the proceedings in accordance with rule 10(4), the giving of permission shall restore such entitlement and, if necessary, the hearing shall be rearranged or adjourned, as a convener or a Tribunal at the hearing may consider appropriate, so that the authority can be represented.