[2025] UKUT 027 (AAC)

I conclude that the decision of the First-tier Tribunal involves an error of law. I allow the appeal and set aside the decision under section 12(2)(a) of the Tribunals, Courts and Enforcement Act 2007 (the “TCEA”).

Given the tortured history of these proceedings and the quite understandable frustration of both the Mother and Father I have given serious consideration to exercising my discretion to re-make the decisions under appeal.

However, because further facts need to be found, even if I were to remake the decisions there would realistically need to be an oral hearing before me, and so it is unlikely that any time would be saved. Because of that, I consider that it is appropriate, and in the interests of justice, for the appeal to be remitted to the First-tier Tribunal for rehearing.

Under section 12(2)(b)(i) of the TCEA these appeals are remitted for re-hearing by a new tribunal subject to the directions above.