DM v Cornwall County Council (SEN)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Wright |
| Neutral Citation | [2022] UKUT 230 (AAC),[2022] UKUT 230 (AAC) |
| Subject Matter | Special educational needs - description of special educational needs,Special educational needs - special educational provision - other,Wright,S |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Published date | 07 September 2022 |
DM v Cornwall CC (SEN)
[2022] UKUT 230 (AAC)
1
IN THE UPPER TRIBUNAL UT ref: UA-2021-000606-HS
ADMINISTRATIVE APPEALS CHAMBER
On appeal from First-tier Tribunal (Health, Education and Social Care Chamber)
Between: DM Appellant
- v –
Cornwall County Council Respondent
Before: Upper Tribunal Judge Wright
Decision date: 12 August 2022
Decided after an oral hearing on 7 June 2022
Representation:
Appellant: Leon Glenister of counsel
Respondent: Zoe Gannon of counsel
DECISION
The decision of the Upper Tribunal is to allow the appeal. The decision of the First-
tier Tribunal made on 6 September 2021 under case number EH908/20/00002 was
made in error of law. Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and
Enforcement Act 2007 that decision is set aside and remitted to be redecided by a
fresh tribunal, at an oral hearing, and in accordance with the law as set out below.
REASONS FOR DECISION
1. This is an appeal to the Upper Tribunal made in respect of a boy, who I will not
name, pursuant to permission to appeal that was given by the First-tier Tribunal on 22
November 2021 against a decision of the First-tier Tribunal given on 6 September
2021 (“the tribunal”).
2. There was some debate at and before the hearing before me about whether the
appellant had permission to appeal on all the grounds she ended up advancing. The
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