TM and SM v Liverpool City Council: [2024] UKUT 201 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Citron on 11 July 2024
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Judicial Summary
Children and Families Act 2014 - appeal against school named in Section I of Education, Health and Care (EHC) plan - 7 year old boy with autism and other conditions - First-tier Tribunal (FTT) decided that parents’ preferred school, and local authority’s preferred school, both suitable - but parents’ preference not to be followed due to s39(4)(b)(ii) applying - post-hearing evidence that child had very strong feelings against attending school preferred by local authority - parents appealed on basis that “views, wishes and feelings” of child not taken into account, as required by section 19 - Held: “new” evidence was admissible under Ladd v Marshall principles - FTT decision was silent on whether s19 had been considered - in particular circumstances of this case, it could not be inferred that FTT had considered child’s views about appropriateness of local authority preferred school for him - this was material error of law - decision on school named in Section I set aside and remitted to FTT for fresh hearing