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The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal dated 3 January 2024 under number EH341/23/00036 involved the making of an error on a point of law. U
The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal dated 3 January 2024 under number EH341/23/00036 involved the making of an error on a point of law. Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 I set the decision aside as respects the school named in Section I and remit the case to a fresh panel of the First-tier Tribunal (HESC Chamber) (SEND) as respects that aspect of the appeal. I direct that the file be placed before a salaried judge of that tribunal for case management directions to be given.
REASONS FOR THE DECISION
In what follows references to
the “tribunal” and to the “decision” are to the First-tier Tribunal and its decision as referred to immediately above;
numbers in square brackets are references to paragraphs of the tribunal’s decision (unless otherwise indicated); and
“s” or “section” are to sections of Children and Families Act 2014 (unless otherwise indicated).
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal dated 3 January 2024 under number EH341/23/00036 involved the making of an error on a point of law. U
- The Appellants’ appeal to the tribunal
- The permission to appeal and the parties’ submissions
- Upper Tribunal proceedings
- Some relevant case law
- Why I have decided that the tribunal decision erred in law and should be set aside
- Conclusions