[2023] UKUT 223 (AAC)

The error of law identified is clearly material and so it is right that I set the decision aside. It is also right that I remit the case to a fresh tribunal, rather than re-make the decision, as detailed findings of fact must be made in order to apply the statutory test correctly, and the fact-finding tribunal is best placed to do that. Mr Wilding submitted that, if I were to take this course, I direct that the tribunal only consider the appeal against the school named in Q’s EHC plan (i.e. preserve the (set-aside) decision so far as Sections B and F of that plan are concerned). I have not thought right it to do that largely because about a year will have passed (since the hearing of the tribunal whose decision I have set aside) by the time the remitted case is heard: this is a significant period, particularly in the life of a young child, and there may well be changes that should be reflected in those sections of Q’s EHC plan (which may in turn impact on the tribunal’s consideration of Section I (the named school)).