TN v First-tier Tribunal and East Sussex County Council: [2021] UKUT 98 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of Judge Ward on 19 April 2021.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 5 May 2021

• Categories: Special educational needs, Tribunal procedure and practice
• Sub-categories: Special educational needs - other, Tribunal procedure and practice - other
• Judges: Ward, C
• Decision date: 19 April 2021

Read the full decision in JR/987/2020.

Judicial Summary

1. Tribunals, Courts and Enforcement Act s.11(5)(d) and 11(1) mean that a challenge to a refusal to review on the ground of change of circumstances under r.48 of the First-tier Tribunal (Health, Education and Social Care) Rules has to be brought by way of application to the Upper Tribunal for judicial review and not as an appeal. 2. The test of whether “circumstances relevant to the decision have changed” does not require, in order to meet the threshold condition for a review, the applicant to establish that the changed circumstances would have affected the decision. Nor is it a pre-condition that the changed circumstances relate to a matter expressly addressed in the Education Health and Care Plan. R(EL and JB) v FtT and Surrey CC [2020] UKUT 4 (AAC) applied.

Published 5 May 2021