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Appellant’s response to the authority’s written submissions
Appellant’s response to the authority’s written submissions
The Appellant’s solicitor informs the Upper Tribunal that the Appellant is pursuing a further appeal to the First-tier Tribunal against a revised version of D’s EHC Plan. The representative argues that the present proceedings are not, however, academic because the First-tier Tribunal, while it is able to make prospective amendments to the EHC Plan, cannot resolve issues raised by the decision under appeal to the Upper Tribunal. It is particularly important that the Upper Tribunal addresses the issue of restraint, a matter which calls for clarification.
- Heading
- The decision of the Upper Tribunal is to allow the Appellant’s appeal against the First-tier Tribunal’s decision
- Proceedings before the First-tier Tribunal
- Late agreement that D should be educated ‘otherwise than at school’
- The hearing on 1 April 2022
- Community access and restraint: arguments
- Ms Long’s reports
- Nutrition and sleep
- The First-tier Tribunal’s decision
- stated as follows at paragraph 13
- made the following findings about D’s need to access the community, as part of his education, and related provision
- in relation to nutrition, stated
- in relation to assessment for sleep difficulties and ADHD stated
- in relation to Ms Long’s documentary evidence, stated
- Grounds of appeal
- Legislative framework
- As mentioned above, those matters are dealt with in sections B and F of an EHC Plan respectively
- Regulations
- Events following the Upper Tribunal’s grant of permission to appeal
- Local authority’s arguments
- Ground 1
- the Appellant argues (which is not accepted) that she had no opportunity to make submissions on the qualifications and expertise of the additional supervising support worker. However, the Appellant pr
- Ground 2
- Ground 3 & Ground 4
- Ground 5
- Ground 6
- Appellant’s response to the authority’s written submissions
- Ground 1
- Ground 2
- Grounds 3 & 4
- Conclusions
- Ground 1
- Ground 2
- Grounds 3 and 4
- Ground 5
- Ground 6
- Conclusions