Hm Courts Tribunals Service
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Judicial Summary
The issue in this case was whether there is a right of appeal to the Upper Tribunal against a review decision of the Special Educational Needs Tribunal for Wales. The Upper Tribunal decides that there is a right of appeal, which is not the case for review decisions of the First-tier Tribunal. The application of section 12 of the Tribunals, Courts and Enforcement Act 2007, by section 336ZB(3) of the Education Act 1996, does not import the excluded decisions in section 11 of the 2007 Act, which, in the case of the First-tier Tribunal, fall outside the right of appeal to the Upper Tribunal. It should however be noted that the Upper Tribunal is likely to be circumspect about granting permission to appeal against review decisions of the SEN Tribunal for Wales. Normally, challenges should be restricted to substantive tribunal decisions.