Cardiff Council v Mr & Mrs X: [2025] UKUT 068 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Hickinbottom on 15 February 2025
Read the full decision in .
Judicial Summary
The Education Tribunal for Wales erred in naming a particular school in the relevant Independent Development Plan (“IDP”) because the conditions for naming a school in section 48 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 had not been satisfied, and section 9 of the Education Act 1996 did not override that provision but only required the local authority, as a matter to process, to have regard to parental wishes which had been done by the Council in this case through its school admissions system. The tribunal decision to name the school in Section 2D of the IDP was set aside, and the matter remitted for a redetermination of the section 48 issue.