Q:

12.275 Does the FTT perform the same role in relation to social care and health care disputes, as educational disputes?

Noddy No-nonsense Guide

Noddy No-nonsense Guide
Authors: David Wolfe KC, Leon Glenister
24 Feb 2025

A: SenseCheck

  • 0 Yes
  • 1 No
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  • 24 Feb 2025
  • No

    Complex

    No. In relation to educational disputes, the FTT stands ‘in the shoes’ of the LA. However, the powers of the FTT do not have the effect of ‘importing in’ the legal framework for health and social care, but it is good practice for a local authority to provide relevant local criteria. But when an appeal is brought in relation to social care or health care, the FTT must determine those parts of the appeal: MM v RB Greenwich [2024] UKUT 179 (AAC) #99, 108. More: >12.06 Does the FTT just decide who is correct?... 

    Noddy No-nonsense Guide

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