Assessing need for an EHC plan—requirement to hold an oral hearing (GA and JA v Wirral Metropolitan Borough Council)

Article summary

Local Government analysis: In this case, the Upper Tribunal (UT) concluded that the First-tier Tribunal (FTT) had made an error of law in their failure to review all relevant evidence and in failing to follow the correct legal procedure under Rule 23 of the Tribunal Procedure (FTT) (Health, Education and Social Care Chamber) Rules 2008. As a result of this failure to follow the correct procedure, the FTT erred in considering whether it was ‘suitable’ to hold an oral hearing, when this is in fact a duty placed upon tribunals unless each party actively consents otherwise. This case clarifies the correct legal regime that FTT’s must adhere to and the obligations and duties placed upon them as a result, particularly the need to have regard to all evidence raised and the initial duty on tribunals to hold an oral hearing.