[2024] UKUT 439 (AAC)

There are two sets of proceedings which I am dealing with together because they both concern the same issue.

The issue I have to address is a jurisdictional one, namely whether a review decision of the Education Tribunal for Wales (“the ETW”) is a decision which may be appealed under the statutory appellate structure or instead has to be challenged by way of judicial review.

It is an important feature of these proceedings that the underlying appeal to the ETW has been withdrawn and the jurisdiction issue is therefore academic in terms of the ETW proceedings. The fact that there are now no ETW appeal proceedings is also an important consideration in terms of the utility of my ruling on the substantive challenge to the ETW’s review decision given that review decision is now of no legal or practical effect.

I have also had no real contested argument from the parties as to the jurisdictional issue, in part because the ETW appeal proceedings have been withdrawn but also because neither party (nor the ETW) has identified any particular interest in whether a review decision is challenged by way of an appeal or by judicial review. Nor have I had any contested argument on the substance of the challenge to the ETW’s review decision.