Q:
12.16 Can an ETW judge be involved in two cases involving the same child/young person?
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 01 Nov 2024
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Yes
Complex
Yes. An ETW must always avoid ‘bias’. The ‘fair minded and informed observer’ test applies as set out in Porter v Magill [2001] UKHL 67 para 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) para 42-55.
Nodi glossary: Education Tribunal Wales
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