East Sussex County Council v TW
| Jurisdiction | UK Non-devolved |
| Judge | Judge Jacobs |
| Neutral Citation | [2016] UKUT 528 (AAC),[2016] UKUT 528 (AAC) |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Subject Matter | Special educational needs,Special educational needs - special educational provision - other,Jacobs,E |
| Date | 25 November 2016 |
| Published date | 07 December 2016 |
East Sussex County Council v TW
[2016] UKUT 0528 (AAC)
UPPER TRIBUNAL CASE NO: HS/1906/2016
1
DECISION OF THE UPPER TRIBUNAL
(ADMINISTRATIVE APPEALS CHAMBER)
As the decision of the First-tier Tribunal (made on 1 April 2016 under reference
EH845/15/00030) involved the making of an error in point of law, it is SET
ASIDE under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement
Act 2007 and the case is REMITTED to the tribunal for rehearing by a differently
constituted panel for a complete reconsideration of the issues that are raised by
the appeal in accordance with the analysis in my reasons.
REASONS FOR DECISION
A. Introduction
1. This appeal came to the Upper Tribunal by way of permission given by the
First-tier Tribunal. It was heard at an oral hearing on 17 November 2016. David
Lawson of counsel appeared for the local authority. John Friel of counsel
appeared for Theo, whose needs were the subject of the case. I am grateful to
both counsel for their presentations to me, especially as I had stepped in to take
the hearing at the last minute with no familiarity with the papers. I am also
grateful to them for their written submissions following the hearing.
2. There was evidence provided in the papers before me that was not before
the First-tier Tribunal. I could have taken that into account if I were re-making
the decision, but I am not. I cannot take it into account to show an error in the
First-tier Tribunal’s decision, as the evidence was not put to it. In the event, I did
not read it. It may, of course, be put to the First-tier Tribunal for the rehearing.
B. About Theo
3. This case concerns the education, health and care plan for Theo who was
born on 13 October 1993. He has autistic spectrum disorder, attention deficit
hyperactivity disorder, associated challenging behaviour, and anxiety issues. He
also has a back problem. Theo is registered at a specialist independent college on
a day placement, but his attendance has been patchy. He lives in a rented flat
with domiciliary support provided by Brighton and Sussex Care Ltd (BASC).
C. The First-tier Tribunal’s decision
4. Having heard the appeal, the tribunal set out five questions that it had to
answer.
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