[2023] UKUT 177 (AAC)

A further important starting point here was that the Tribunal decision under challenge was the decision relating to mentoring of September 2022 at [8-9] which set out the Tribunal’s conclusions and reasoning on the point following the fresh consideration following the setting aside and remitting back from the 22 May decision of the matter of mentoring.

While that decision document said that it “should be read in conjunction with” the February decision, that could not be taken (as the Council would seemingly have it, see below) as meaning that the paragraphs relating to mentoring in the May decision were part of the operative decision of the September decision or somehow displaced what the Tribunal said in September on the point.

Indeed, precisely not because those earlier paragraphs were, in substance, the very thing which Judge Tudur had set aside, so they could not have that effect.