[2025] UKUT 239 (AAC)

There is accordingly no arguable error of law in the decision of the First-tier Tribunal and I refuse permission to appeal.

It follows that the application to suspend the effect of the First-tier Tribunal’s decision must also be refused because under rule 5(3)(m) of the Upper Tribunal rules, I cannot suspend the decision if I am refusing permission to appeal.

I do, however, urge the parties to work together going forward in D’s best interests. If parental preference is now for X School, the local authority will need to consider that preference according to the section 39(4) criteria.