RP v Barnsley Metropolitan District Council: [2025] UKUT 047 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Jacobs on 7 February 2025

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 4 March 2025

• Categories: Special educational needs and Tribunal procedure and practice
• Sub-categories: Special educational needs - description of special educational needs and Tribunal procedure and practice - fair hearing
• Judges: Jacobs, E
• Decision date: 7 February 2025

Read the full decision in UA-2024-001669-HS.

Judicial Summary

The Upper Tribunal allowed the appeals for two mistakes of law.

First, there were three different versions of the First-tier Tribunal bundles, which caused procedural unfairness as a result of the claimant’s confusion and disruption of her presentation.

Second, the First-tier Tribunal dismissed the appeal despite saying that the existing Health Educational and Care Plans were not correct. Leaving this to be dealt with in a review, even one that was anticipated, was not an option.

Published 4 March 2025