CG v Proprietor of NDHS: [2017] UKUT 319 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Jacobs on 31 July 2017.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 15 August 2017

• Categories: Equality Act, Tribunal procedure and practice
• Sub-categories: Tribunal procedure and practice - other
• Judges: Jacobs, E
• Decision date: 30 July 2017

Read the full decision in HS/1191/2017.

Judicial Summary

Overriding objective - may be relevant when a tribunal exercises its case management powers in respect of a procedural duty.

Strike out for lack of jurisdiction involves considering whether the party, issue or remedy is of a type over which the tribunal has statutory authority to act. Equality Act - section 85 - correct approach with particular relevance to cases where a local authority has exercised its powers under section 19 of the Education Act 2010.

Published 15 August 2017