Essex County Council v FA and another (SEN): [2019] UKUT 38 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Ward on 31 January 2019.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 23 February 2019

• Categories: Special educational needs
• Sub-categories: Special educational needs - other, Tribunal procedure and practice - other
• Judges: Ward, C
• Decision date: 31 January 2019

Read the full decision in HS/1585/2018.

Judicial Summary

What are the consequences if a glitch in an FtT order is remedied by the subsequent issue by the LA (by agreement) of an amended EHC Plan? What does reg 28 of the SEN Regs require? In exercising of the UT’s discretion whether to set the FtT’s decision aside, does Essex CC v DH (SEN) [2016] UKUT 0463 apply? What is the significance to the exercise of that discretion if the LA, having obtained an order for suspension of the FtT’s order, places the child at the school ordered by the FtT anyway? Relevance of impending annual review to discretion.

Published 23 February 2019