St Helens BC v TE and another

Education – School. A local authority had not established any error of law on the part of the First-tier-Tribunal (the FTT) in respect of the FTT's decision that a maintained primary school proposed by the authority was not appropriate for a seven-year-old autistic child, and naming an independent special school, which had been proposed by the child's parents. The Upper Tribunal (Administrative Appeals Chamber) ruled, among other things, that the FTT had made findings which had been open to it, that there was no requirement that evidence as to a child's opposition to a proposed school had to be medical in character, and that, while the child's response concerning the school proposed by the authority had played a central part in the FTT's decision to reject it, that had not meant that the FTT had misapplied s 19 of the Children and Families Act 2014.

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