[2025] UKUT 226 (AAC)

There was (in the end) a large measure of agreement between the parties as to the general legal framework, but I need to set it out in full because the interpretation and application of sections 33 and 39 of the CFA 2014 is not straightforward and there is significant scope for misunderstanding.

The predecessor provisions to section 33 of the CFA 2014 were contained in sections 316 and 316A of the Education Act 1996 (EA 1996); the predecessor provisions to section 39 CFA 2014 were to be found in section 324 and Schedule 27, paragraph 3 to the EA 1996. No one suggests there is any material difference between the predecessor provisions and the current ones so far as concerns the issues in this appeal and the case law on the predecessor provisions remains applicable to the CFA 2014.