Q:

12.04 Does the FTT have to make reasonable adjustments for those participating?

Noddy 'no-nonsense' Guide

Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
14 Feb 2022

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  • 14 Feb 2022
  • Yes

    Simple

    Yes. The FTT has issued a Practice Direction on ‘Child, Vulnerable Adult and Sensitive Witnesses’ which requires that the FTT “must consider how to facilitate the giving of any evidence by a child, vulnerable adult or sensitive witness” (#7)

    This applies to cases involving SEN, and applies to (for example) parties with a visual impairment, however where an appeal is made on the basis there were not any special arrangements, it has to be shown that the lack of such arrangements was material: AA and BA v A Local Authority (SEN) [2021] UKUT 54 (AAC) #4-7, 13, 22-23.

    The FTT has to conduct proceedings in a fair way but also respect individual autonomy where someone has indicated they would manage at the outset; and where that person has made such an indication, it is reasonable to expect that person to raise an issue at the time: TC and BW v LB Islington [2021] UKUT 196 (AAC) #28-29.

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    Noddy 'no-nonsense' Guide

    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister