AA & BB v Bristol City Council: [2023] UKUT 52 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Mitchell on 15 February 2023.
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Judicial Summary
The statutory test in section 61(2) of the Children and Families Act 2014 for determining if a local authority has power, under section 61(1), to arrange for special educational provision to be made otherwise than in a school is concerned with whether it would be inappropriate for provision required by a child to be made in schools generally. The Upper Tribunal also gave guidance about the admission of evidence in proceedings before the Upper Tribunal, in cases falling outside the Ladd v Marshall [1954] EWCA Civ 1 restrictions on admission of new evidence on appeal, such as evidence about the fairness of proceedings before the First-tier Tribunal or evidence relevant to the disposal of an appeal in the event that it succeeds.