AA and BA v A Local Authority (SEN)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Ward |
| Neutral Citation | [2021] UKUT 54 (AAC) |
| Subject Matter | Special educational needs - other,Tribunal procedure,practice - fair hearing,practice - tribunal practice,Ward,C |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Published date | 19 March 2021 |
AA and BA v A Local Authority (SEN) [2021] UKUT 54 (AAC)
1
IN THE UPPER TRIBUNAL Appeal No. HS/1669/2020
ADMINISTRATIVE APPEALS CHAMBER
On appeal from the First-tier Tribunal (HESC Chamber)
Between: AA and BA Applicants
- v –
A Local Authority Respondent
Before: Upper Tribunal Judge Ward
Hearing date: 22 February 2021
Representation:
Applicants: Mr John Friel
Respondent: Mr Jack Anderson
NOTICE OF DETERMINATION OF GROUNDS 1 AND 2 OF APPLICATION FOR
PERMISSION TO APPEAL
Of its own motion, the Upper Tribunal orders, pursuant to rule 14(1) of the
Tribunal Procedure (Upper Tribunal) Rules 2008, that it is prohibited for any
person to disclose or publish any matter likely to lead members of the public to
identify the child who is the subject of these proceedings. This order does not
apply to: (a) the child’s parents; (b) any person to w hom the child’s parents
discloses such a matter or who learns of it through publication by the parents,
for reasons bona fide aimed at promoting the child’s best interests; or (c) any
person exercising statutory (including judicial) functions in relation to the child
where knowledge of the matter is reasonably necessary for the proper exercise
of the functions.
The case is to be cited as AA and BA v A local authority.
I refuse permission to appeal on Grounds 1 and 2.
I direct that because of its wider importance, a copy of this ruling on permission to
appeal, which has been anonymised, is to be placed on the Chamber’s website. The
remaining Grounds, which have no importance beyond the parties, will be dealt with
in a separate ruling, which will not be on the website.
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2 cases
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TC and BW v London Borough of Islington
...be noted in the decision is one of good practice and accordingly not an absolute requirement. AA and BA v A Local Authority (SEN) [2021] UKUT 54 (AAC) indicates that the correct approach is to look at materiality and the Upper Tribunal is invited to follow a similar approach in the present ......
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R (NL) v First-tier Tribunal and Criminal Injuries Compensation Authority
...for Work and Pensions (PIP) [2019] UKUT 207 (AAC) (as corrected by Upper Tribunal Judge Ward in AA and BA v A Local Authority (SEN) [2021] UKUT 54 (AAC) at [12]) and also Judge Ward’s decision in JE v Secretary of State for Work and Pensions (PIP) [2020] UKUT The Practice Direction applies ......