- FTT must reconsider flawed transition decision (AJ v London Borough of Croydon)
- Original news
- What are the practical implications of this case?
- What was the background?
- What were the facts?
- What did the UT decide?
- Case details
Local Government analysis: In this case, the Upper Tribunal (UT) had to consider whether the First-tier Tribunal (FTT) unlawfully ordered a change in placement for secondary school at an Autism Spectrum Disorder (ASD) special school for a child when nothing in their Educational Health Care Plan (EHCP) suggests or provides that they required such a placement. This case provides useful clarification on the importance of following the correct procedural steps when creating or amending an EHCP so that all other decisions on educational provision in a EHCP flow from and are dependent on the educational needs. The UT also provides further clarification on the requirement to provide reasons when rejecting the parents arguments, the burden of proof in an inquisitorial jurisdiction and the role of the UT in assessing arguments that a new FTT would more likely reach the same conclusion.
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