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The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal involved an error of law. Under section 12(2)(a), (b)(i) and (3) of the Tribunals, Courts and Enforce
The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal involved an error of law. Under section 12(2)(a), (b)(i) and (3) of the Tribunals, Courts and Enforcement Act 2007, I set that decision aside and remit the case to be reconsidered by a fresh tribunal in accordance with the law as set out in this decision.
REASONS FOR DECISION
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal involved an error of law. Under section 12(2)(a), (b)(i) and (3) of the Tribunals, Courts and Enforce
- Introduction
- Factual background
- The First-tier Tribunal’s decision
- Legal framework
- Relevant case law on extended / waking-day curriculum
- Case law on adequacy of reasons
- The grounds of appeal
- The appellants’ submissions
- The respondent’s submissions
- My conclusions on grounds 1h and 1j
- Grounds 2 and 3: Whether the First-tier Tribunal failed properly to apply the correct legal test when considering the need for an extended day curriculum
- The respondent’s submissions
- My conclusion on grounds 2 and 3
- Ground 4: Evidence of Ms Burns
- Ground 5: Alleged failure to give adequate reasons as to why School X was suitable to meet need
- Conclusions