[2025] UKUT 239 (AAC)

The First-tier Tribunal erred in by failing to ensure compliance with section 42 of the CFA 2014 and/or that the First-tier Tribunal failed to ensure that the local authority safeguarded D’s rights during transitions (reference is made to R (L) v Devon County Council [2011] UKUT 192 (AAC));

The First-tier Tribunal erred in law by failing to ensure that D was not ‘off-rolled’ contrary regulation 8(2) of The Education (Pupil Registration) (England) Regulations 2006 (which requires a special school not to remove a pupil from roll without the consent of the local authority) and/or that the Tribunal’s decision wrongly enabled D to be removed from the school roll without parents’ consent. Reference is made to R (C) v London Borough of Sutton [2010] UKUT 184 (AAC) and paragraph 9.169 of the SEND Code of Practice 2015.