Q:

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

Nodi No-nonsense Guide Wales

Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
01 Nov 2024

A: SenseCheck

  • 1 Yes
  • 0 No
  • 0 Other

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  • 01 Nov 2024
  • 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

    Nodi No-nonsense Guide Wales

    Nodi No-nonsense Guide Wales
    Authors: Civitas Law education team