12.07 Can an FTT judge be involved in two cases involving the same child/young person?
Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
14 Feb 2022
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 14 Feb 2022
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Yes
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Simple
Yes. An FTT must always avoid ‘bias’.
The ‘fair minded and informed observer’ test applies as set out in Porter v Magill [2001] UKHL 67 #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) #42-55.
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14 Feb 2022
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