[2025] UKUT 010 (AAC)

The Appellant does not dispute the local authority’s description of events, set out in its response to Ground 1. However, the Appellant asks the Upper Tribunal to note that the amendments that resulted in WD16 were not made until 6 May 2022 (a Friday) when the First-tier Tribunal planned to resume its deliberations on 10 May 2022. That gave the Appellant very little time to take the steps that the authority assert should have been taken.

The local authority’s argument that, since the Appellant was able to submit to the First-tier Tribunal that D required 15 hours of weekly 2:1 support, the Appellant had an effective opportunity to make submissions on the number of hours of 2:1 support required is not accepted. For instance, the Appellant had no opportunity to submit that the authority provided no evidence in support of their proposed number of hours.