NN V Chesire East Council (SEN)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Rowley |
| Neutral Citation | [2021] UKUT 220 (AAC) |
| Subject Matter | Special educational needs - special educational provision - other,Rowley,A |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Published date | 01 October 2021 |
NN -v- Cheshire East Council (SEN) [2021] UKUT 220 (AAC)
1
IN THE UPPER TRIBUNAL Appeal No. HS/260/2021
ADMINISTRATIVE APPEALS CHAMBER
On appeal from First-tier Tribunal (HESC Chamber)
Between: NN Appellant
- v –
Cheshire East Council Respondent
Before: Upper Tribunal Judge Rowley
Decision date: 24 August 2021
Representation:
Appellant: In person
Respondent: Lucinda Leeming (counsel)
ANONYMITY ORDER
By consent, 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 parent(s); (b) any person to whom
the child’s parent(s) discloses such a matter or who learns of it through
publication by the parent(s), 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.
DECISION
The decision of the Upper Tribunal is to allow the appeal. The decision of the
First-tier Tribunal made on 5 November 2020 under number EH895/19/00036 was
made in error of law. Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and
Enforcement Act 2007 I set that decision aside and remit the case to be reconsidered
by a fresh tribunal in accordance with the following directions.
Directions
1. This case is remitted to the First-tier Tribunal for reconsideration at an oral
hearing.
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LC and RC v Hampshire County Council
...regulation 12(1)(i)) seem to me somewhat at odds with what Upper Tribunal Judge Rowley said about this in NN v Cheshire East Council [2021] UKUT 220 (AAC) (a case cited to me in this appeal), namely that a. “to be attended by” means “to be present at” (see [43] of b. presence at the school ......