Heading

On appeal from
The First-tier Tribunal (Health, Education and Social Care Chamber)
Between:
Mrs and Mr D
Appellants
- v –
Cheshire East Council
Respondent
Before: Upper Tribunal Judge S Davies
Heard in: Cardiff (by video)
Decision date: 10 June 2025
Representation:
Appellant: Mr S Broach, King’s counsel instructed by Access to Public Law Ltd
Respondent: Mr R Holland, counsel instructed by the Respondent
ORDER
Pursuant to rule 14(1) of the Tribunal Procedure (Upper Tribunal) Rules 2008, it is prohibited for any person to disclose or publish any matter likely to lead members of the public to identify the child in these proceedings. This order does not apply to (a) the child’s parents (b) any person to whom the child’s parents, in due exercise of their parental responsibility, disclose such a matter or who learns of it through publication by either parent, where such publication is a due exercise of parental responsibility (c) any person exercising statutory (including judicial) functions in relation to the child where knowledge of the matter is reasonably necessary for the proper exercise of the functions. To support this order, the Appellants’ surname is not included in this judgment.
DECISION
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 2 October 2024 under number EH895/23/00086 was made in error of law. Under section 12(2)(a) a
- Background
- The hearing
- Tribunal’s decision
- Submissions
- Appellant’s Submissions
- Ground 2 (SLT)
- Respondent’s Submissions
- Ground 2 (SLT)
- Law
- Conclusion
- Ms Fern’s evidence
- Weighing of available evidence
- Placement specific factor
- Specificity
- Ground 2 (SLT)
- Conclusions
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