The decision of the Upper Tribunal is to allow the appeal.
The decision of the First-tier Tribunal made on 12th March 2019 was made in error of law. Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 I set that decision aside and remit the case to be reconsidered by a fresh tribunal in accordance with the following directions.
- The decision of the Upper Tribunal is to allow the appeal.
- For all periods during which there was no placement with the Respondent, subject to (6) below, a 25% deduction is applicable from the earliest of the following three dates until the date on which the next placement commenced:
- Preliminary
- The background facts
- The legislative framework
- Decision
- Judge of the Upper Tribunal