LW v Proprietor of Broughton Hall Catholic High School
| Jurisdiction | UK Non-devolved |
| Judge | Judge Ward |
| Neutral Citation | [2023] UKUT 301 (AAC) |
| Published date | 10 January 2024 |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
LW v Proprietor of Broughton Hall Catholic High School
[2023] UKUT 301 (AAC)
1
IN THE UPPER TRIBUNAL Appeal No. UA-2023-001361-HS
ADMINISTRATIVE APPEALS CHAMBER
On appeal from the First-tier Tribunal (Health Education and Social Care Chamber)
Between:
LW Appellant
- v –
Proprietor of Broughton Hall Catholic High School Respondent
Before: Upper Tribunal Judge Ward
Decision date: 11 December 2023
Decided on consideration of the papers
Representation:
Appellant: In person
Respondent: Kieran Whelan, Liverpool City Council Legal Services
DECISION
The decision of the Upper Tribunal is to allow the appeal. The decision of the
First-tier Tribunal made on 28 April 2023 under number EH341/22/00153 was made
in error of law. Under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and
Enforcement Act 2007 I set that decision aside and remake it as follows:
The application for reinstatement of the struck-out claim was not out of time and must
be considered by the First-tier Tribunal on its merits.
The file must be referred to a salaried judge of the FtT for a ruling as soon as
possible.
REASONS FOR DECISION
1. The First-tier Tribunal (FtT) had directed the appellant (who is alternatively referred
to as the claimant when I am quoting the FtT) to file a completed attendance form by
06/01/2023. When this was not complied with, an order was issued on 14/02/2023
directing her to submit
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