DB v Academy Transformation Trust (SEND): [2022] UKUT 66 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judges West and Wright on 2 March 2022.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 18 March 2022

• Categories: Disability discrimination in schools and Tribunal procedure and practice
• Sub-categories: Tribunal procedure and practice - tribunal jurisdiction
• Judges: West, M and Wright, S
• Decision date: 2 March 2022

Read the full decision in UA-2022-000135-HS. UA-2022-000135-HS

Judicial Summary

Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 – rule 5(3)(j) and (l) – meaning of “proceedings” - contrast with Tribunal Procedure (Upper Tribunal) Rules 2008 rule 5(3)(m) – whether First-Tier Tribunal (SEND) has power to stay permanent exclusion decision pending final hearing – no such jurisdiction.

Published 18 March 2022