[2025] UKUT 132 (AAC)

The Upper Tribunal will imminently determine two appeals raising an issue similar, but not identical, to the appeal ground described at paragraph 10(d) above. Those appeals were heard on 17 April 2025 and are being dealt with together. They are: UA-2024-000177-USTA (SSWP v SC) and UA-2024-000528-HB (MJ v (1) London Borough of Bromley and (2) SSWP).

In February 2025, I asked LB and the Secretary of State to make submissions about whether they wanted to wait for the outcome of the appeals described at paragraph 12 above, or for me to proceed with determining LB’s appeal on the basis of the other appeal grounds where the Secretary of State supports his appeal.

The parties provided submissions in March 2025. I am grateful for their responses. The Secretary of State asked me to proceed with deciding LB’s appeal. LB indicated he was open to all the options I put forward. He commented that he thought his appeal was a separate issue from the other two cases and of no real relevance. I took this to mean that LB did not object to the option of me deciding his appeal now.

In deciding LB’s appeal to the Upper Tribunal, I therefore do not need to address further the appeal ground described at paragraph 10(d) above and I have not done so.