Essex County Council v FA and another (SEN): [2019] UKUT 38 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Ward on 31 January 2019.
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Judicial Summary
What are the consequences if a glitch in an FtT order is remedied by the subsequent issue by the LA (by agreement) of an amended EHC Plan? What does reg 28 of the SEN Regs require? In exercising of the UT鈥檚 discretion whether to set the FtT鈥檚 decision aside, does Essex CC v DH (SEN) [2016] UKUT 0463 apply? What is the significance to the exercise of that discretion if the LA, having obtained an order for suspension of the FtT鈥檚 order, places the child at the school ordered by the FtT anyway? Relevance of impending annual review to discretion.
Updates to this page
Published 23 February 2019