A Multi Academy Trust v RR
| Jurisdiction | UK Non-devolved |
| Judge | Judge Ward |
| Neutral Citation | [2024] UKUT 9 (AAC) |
| Published date | 18 January 2024 |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
A Multi Academy Trust v RR
[2024] UKUT 9 (AAC)
1
IN THE UPPER TRIBUNAL Appeal No. UA-2023-000315-HS
ADMINISTRATIVE APPEALS CHAMBER
On appeal from the First-tier Tribunal (Health, Education and Social Care Chamber)
Between:
A Multi Academy Trust Appellant
- v –
RR Respondent
Before: Upper Tribunal Judge Ward
Hearing date: 1 September 2023 (with subsequent written submissions)
Representation:
Appellant: Andrew Cullen, barrister, Browne Jacobson
Respondent: In person
The Upper Tribunal, acting under rule 14, orders that, save as hereafter
provided, a person may not disclose or publish any matter likely to lead
members of the public to identify the pupil who is the subject of the present
case (“SR”) without the permission of a judge of the Upper Tribunal. Breach of
the order may constitute contempt of court, punishable by a fine or
imprisonment. The order does not apply to any disclosure or publication made
by SR’s father in the reasonable exercise of parental responsibility nor to any
disclosure by SR’s school which is reasonably necessary for the performance
of their duties towards him.
DECISION
The decision of the Upper Tribunal is to allow the appeal to the following
extent. The decision of the First-tier Tribunal made on 21 November 2022 under
number EH935/22/00027 was made in error of law. Under section 12(2)(a) and (b)(i)
of the Tribunals, Courts and Enforcement Act 2007 I set aside that part of the
decision as relates to the finding that was made against the Responsible Body and
remit that part of the case to be reconsidered by the First-tier Tribunal (“FtT”) in
accordance with this Decision. Such reconsideration should be by the same panel if
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