Denbighshire County Council v Mr & Mrs AB (SEN): [2026] UKUT 376 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Lady Poole and Judge Hickinbottom on 05 October 2026.
Read the full decision in .
Judicial Summary
An 11 year old child was in her last year of primary school. She had diagnoses of autism spectrum disorder and attention deficit hyperactivity disorder. Her parents, the respondents, sought a determination of whether she had additional learning needs. Both her school and the local authority found she did not. A subsequent decision of the Education Tribunal for Wales, that she did have additional learning needs and that an individual learning plan should be prepared, was appealed to the Upper Tribunal.
The Upper Tribunal concludes that, notwithstanding the child’s diagnoses, the Education Tribunal for Wales erred in law in its finding that she has additional learning needs within the meaning of sections 2 and 3 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018. In particular, the child’s learning difficulty or disability did not call for additional learning provision, and so she did not have additional learning needs. The Education Tribunal for Wales also erred in relying on its specialist expertise to make findings about the educational or training provision generally made in mainstream secondary schools.
The appeal is therefore allowed. However, the decision of the Education Tribunal for Wales is neither re-made nor set aside, in exercise of Upper Tribunal’s powers under section 12 of the Tribunals, Courts and Enforcement Act 2007. It is in the child’s best interests that any further decisions affecting her are made on the basis of her current circumstances. A review of her existing individual learning plan is planned for mid-October 2026. Taking account of the appeal rights available under section 70 of the 2018 Act in respect of any decision made on that imminent review, the appropriate course is for that review to proceed.