Upper Tribunal (Administrative Appeals Chamber)

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You are here: BAILII >> Databases >> Upper Tribunal (Administrative Appeals Chamber) >> TN v First-tier Tribunal and East Sussex County Council (Special educational needs, Tribunal procedure and practice) [2021] UKUT 98 (AAC) (19 April 2021)
URL: http://www.bailii.org/uk/cases/UKUT/AAC/2021/98.html
Cite as: [2021] UKUT 98 (AAC)

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TN v First-tier Tribunal and East Sussex County Council [2021] UKUT 98 (AAC) (19 April 2021)

Tribunals, Courts and Enforcement Act s.11(5)(d) and 11(1) mean that a challenge to a refusal to review on the ground of change of circumstances under r.48 of the First-tier Tribunal (Health, Education and Social Care) Rules has to be brought by way of application to the Upper Tribunal for judicial review and not as an appeal. 2. The test of whether "circumstances relevant to the decision have changed" does not require, in order to meet the threshold condition for a review, the applicant to establish that the changed circumstances would have affected the decision. Nor is it a pre-condition that the changed circumstances relate to a matter expressly addressed in the Education Health and Care Plan. R(EL and JB) v FtT and Surrey CC [2020] UKUT 4 (AAC) applied.

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