The Measure:
The Welsh Language Tribunal is an independent Tribunal. Our function is to deal with appeals against a decision by the Welsh Language Commissioner, in relation to Welsh Language Standards.
The Measure provides for the Tribunal to conduct hearings on the following matters:
Normally, the only power which the Tribunal has is to affirm or annul the Commissioner’s decision. But in the case of an appeal under section 95(4) of the Measure, the Tribunal may vary the enforcement action.
The Tribunal will make its decision by considering all the evidence. This includes the documents all parties send before the hearing and also what is said at the hearing. Decisions made by the Welsh Language Tribunal are available to view in the Decisions section.
To make an application or appeal you should complete and send the Notice of Application form to the Tribunal. Applications will be accepted by e-mail, hard copy by post or hand delivered. The application form can be downloaded from this website, or please contact the Tribunal’s office if you would like us to send you an application form.
Please make sure that you give details of any additional needs - for example, you should say if you need a signer or a sign language interpreter at the hearing, or need any additional arrangements for the hearing. You should do this when sending us your notice of application.
The Tribunal is an independent judicial body and must therefore remain impartial when dealing with disputes. The Tribunal secretariat can provide information about Tribunal procedures, but cannot provide legal advice or guidance about how to word your Notice of Application.
Normally, your Notice of Application must be received within the period of 28 days beginning with the day on which the Commissioner gave written notice of the decision which you are challenging. But the Tribunal has the power to extend that period in accordance with the Tribunal Rules (Rule 14).
There is no fee payable to make an application to the Tribunal.
Rule 35 of the Tribunal Rules allows a person to make an application to be joined as a party to a case. If the Tribunal agrees to the application, that person becomes a party to the case, like the Commissioner and the applicant and will be able (for example) to present evidence to the Tribunal.
There is no need to use any particular form in order to apply. A letter to the Tribunal asking to be joined as a party to the case in question will be enough. But in order to decide on your application, the Tribunal will need to consider the relevant circumstances. In order to reduce any delay, your letter should, therefore, explain the nature of your interest in the case and should outline any evidence or arguments which you would like to present to the Tribunal before it comes to its final decision on the case.
Only in exceptional circumstances can the Tribunal, in accordance with Rule 55 of the Tribunal Rules, make an order for costs and expenses
As long as you are the applicant, you can withdraw your application at any stage. You should notify the Tribunal in writing and copy your letter to all other parties involved in the application.
A copy of the application and all documents received with the application will be sent to the Welsh Language Commissioner, who is the respondent to every appeal application. The Commissioner (and any other party to the case) will have the chance to respond. Once all the evidence has been received, the Tribunal, after consulting the parties, will arrange for the case to be heard.
All parties to the application must have a copy of each others evidence. Evidence includes the appeal or Notice of Application form as well as all correspondence, papers, documentation submitted to the Tribunal by the person making the appeal, by the Welsh Language Commissioner as the respondent, and by any other party to the case. The Tribunal panel will also have copies of all evidence received by the Tribunal in order to be able to consider the case.
The timescale will vary depending on the type of case but the Tribunal always endeavours to deal promptly with applications and to keep you informed of progress.
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The Tribunal will explain the procedure at the start of the hearing. Both parties will be given the opportunity to put their case to the Tribunal and to ask questions. The Tribunal members will also ask questions to help them reach a decision. Further guidance on Tribunal procedures is available from the Guidance and Forms section of this website.
Hearings will be held throughout Wales. A list of Tribunal hearings, including details of upcoming Tribunals, is available to view on the Current Cases page. We only use venues that are fully accessible for disabled users. Please let us know if you have any particular needs.
The appeal or claim will be heard by a group of three Tribunal members. We call these people the Tribunal panel. One person on the panel is legally qualified and will chair the hearing. The other two members will probably be lay members. Tribunal hearings are usually open to the public to attend.
Anybody who wishes may see the hearing, whether as a member of the public or a representative of the media.
The Tribunal may in certain circumstances agree a postponement but the Tribunal will need to be convinced that a postponement is justified.
When a Tribunal is cut short and recommences on a different date.
The Tribunal will make its decision by considering all the evidence. This includes the documents all parties send before the hearing and also what is said at the hearing. Decisions made by the Welsh Language Tribunal are available to view in the Decisions section of this website.
The decision is made after the panel has considered all the evidence. In most cases this will be a few weeks after the hearing but in more complex cases it may take longer.
You may apply to the Tribunal for a decision of the Tribunal to be reviewed on certain grounds. A party may also, with the permission of the Tribunal or the High Court, appeal to the High Court on a question of law arising out of the decision of the Tribunal.
Further information is available on the Reviewing or appealing against a Tribunal Decision page of this site.