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• 14 Feb 2022

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  No. The FTT must hold an oral hearing unless before making a final decision unless (1) each party has consented to the matter being decided without a hearing and (2) the FTT considers that it is able to decide the matter without a hearing: FTT (HESC) Rules 2008 r23(1). 

  In GA and JA v Wirral MBC (SEN) [2020] UKUT 24 (AAC) #25, the UT found the standard appeal form and directions used by the FTT unlawfully ‘inverted’ the consent requirement and meant a party had to ‘contract in’ to have an oral hearing rather than a ‘contract out’ as regulation 23 provides. The fact a party had not ‘contracted in’ was not sufficient to constitute consent. 

  Go to Glossary

  

  Noddy No-nonsense Guide
  Authors: David Wolfe KC, Leon Glenister

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