[2025] UKUT 068 (AAC)

IN THE UPPER TRIBUNAL Appeal No UA-2024-001734-HSW

ON APPEAL FROM THE EDUCATION TRIBUNAL FOR WALES

Dated: 15 February 2025

Before:

The Rt Hon Sir Gary Hickinbottom Judge of the Upper Tribunal

Appellant: Cardiff Council

Respondents: Mr & Mrs X (Parents of X)

Heard at: Cardiff (Cardiff Civil Justice Centre)

Attendance

For the Appellant: Laura Shepherd of Counsel

For the Respondents: John Friel and Matthew Wyard of Counsel

Date of hearing: 7 February 2025

Date of decision: 15 February 2025

DECISION OF THE ADMINISTRATIVE APPEALS CHAMBER

OF THE UPPER TRIBUNAL

On Ground 1:

(i) the appeal is allowed;

(ii) the Decision of the Education Tribunal for Wales dated 10 October 2024 is quashedinsofar as School A is named in Section 2D of the Individual Development Plan, otherwise that Decision shall stand;

(iii) the case shall be remitted to the Education Tribunal for Wales for reconsideration and determination by a differently constituted panel of the issue of whether Section 2D of X’s Individual Development Plan should name a maintained school for the purpose of securing X’s admission to that school because the conditions set out in section 48 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 have been met; and, if so, which school should be named; and

(iv) this case shall immediately be referred to the President of the ETW with a request that she gives directions so that the re-hearing of Mr & Mrs X’s appeal on this issue can be expedited.

On Ground 2, permission to appeal is refused.

Subject Matter

Parental choice of school for a child with Additional Learning Needs in Wales – the proper approach to specifying a school in an Individual Development Plan under section 48 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, and the extent to which that approach is informed by section 9 of the Education Act 1996.

Cases referred to

Watt v Kesteven County Council [1955] 1 QB 408

Richardson v Solihull Metropolitan Borough Council [1998] ELR 319

C v Buckinghamshire County Council [1998] ELR 463 (QBD) and [1999] ELR 179 (CA)

IM v London Borough of Croydon [2010] UKUT 205 (AAC)

Dudley Metropolitan Borough Council v Shurvinton [2012] EWCA Civ 346; [2012] PTSR 1393

Haining v Warrington Borough Council [2014] EWCA Civ 398: [2024] PTSR 811