GA and JA v Wirral Metropolitan Borough Council (SEN): [2020] UKUT 24 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wright on 15 January 2020.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 6 February 2020

• Categories: Special educational needs, Tribunal procedure and practice
• Sub-categories: Special educational needs - failure to prepare an EHC plan under Children & Families Act 2014, Tribunal procedure and practice - tribunal membership and procedure
• Judges: Wright, S
• Decision date: 15 January 2020

Read the full decision in HS/1071/2019.

Judicial Summary

First-tier Tribunal’s consideration of late evidence – whether material – rule 23 of First-tier Tribunal Health, Education and Social Care Procedure Rules – whether First-tier Tribunal properly approached test under r.23 of whether oral hearing not required – whether rule 23 test can be satisfied where category of appeal decision is said by First-tier Tribunal to only require oral hearing if one is requested and is thought suitable – whether First-tier Tribunal appeal form correctly sets out the rule 23 test.

Published 6 February 2020