LC and RC v Hampshire County Council: [2023] UKUT 281 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Citron on 17 November 2023.
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Judicial Summary
Children and Families Act 2014 - section 40 - was the school named in Section I of the Education, Health and Care plan appropriate for the child? - First-tier Tribunal had wrongly applied test of section 39(4)(a) - was the school suitable for the child’s age, ability, aptitude, and special educational needs? - appellants argued that test applied was circumscribed, whereas correct test was holistic - appellants argued that applying the wrong test had caused First-tier Tribunal to overlook, or not deal properly with, opinion evidence about risks to the child at the named school - Held: First-tier Tribunal had dealt adequately with evidence about the risks to the child at the named school; the First-tier Tribunal had applied the wrong legal test, but the error did not affect the outcome and so was not material - appeal dismissed