Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 317 (AAC)

Fecha: 28-May-2024

Conclusions

Disposal of the appeal

53.

The FtT’s decision involved an error on a point of law. I set aside its decision. The appeal against the local authority’s decision to cease to maintain an EHC Plan is remitted to the First-tier Tribunal for re-determination.

Directions

54.

I direct as follows:

(1)

The appeal against the local authority’s decision to cease to maintain EM’s EHC Plan is remitted to the First-tier Tribunal for re-determination;

(2)

The First-tier Tribunal is to hold a hearing before re-determining the appeal;

(3)

The panel hearing the remitted appeal is to be wholly different from the panel that previously heard this matter;

(4)

The case file is to be placed before the Deputy President of, or a salaried judge assigned to, the Health, Education and Social Care Chamber of the First-tier Tribunal to consider whether any further case management directions are required.

Upper Tribunal Judge Price

28/5/2024