LM v Birmingham City Council (SEN): [2026] UKUT 127 (AAC)
Upper Tribunal Administrative Appeals Chamber decision (Permission to Appeal - refusal) by Judge Ward on 17 March 2026.
Read the full decision in .
Judicial Summary
When considering whether an institution of choice is defeated under the Children and Families Act 2014 s.39(4) on the grounds of incompatibility with the efficient use of resources, the First-tier Tribunal (FtT) should exercise caution about proceeding by reference to a version of the Working Document which includes neither Section A (“the views, interests and aspirations of the child and his parents or the young person”) nor Section E (“the outcomes sought for him or her”) which may provide valuable context for what has to be decided. In the present case, even were it to be the case that the FtT had failed to have regard to those Sections, the annual difference in costs was so great as realistically to be unbridgeable and permission to appeal was refused.