Q:

12.07 Can an FTT judge be involved in two cases involving the same child/young person?

Noddy No-nonsense Guide

Noddy No-nonsense Guide
Authors: David Wolfe KC, Leon Glenister
14 Feb 2022

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  • 14 Feb 2022
  • Yes

    Simple

    Yes. An FTT must always avoid ‘bias’.

    The ‘fair minded and informed observer’ test applies as set out in Porter v Magill [2001] UKHL 67 #103

    But bias was not established where a judge who sat on an earlier unsuccessful disability discrimination appeal sat on a SEND case, even though he raised inconsistencies between evidence he heard in the previous case and evidence in the present case: SG v LB Bromley [2013] UKUT 619 (AAC) #42-55

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    Noddy No-nonsense Guide

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