Ground 2
Ground 2
The Appellant rejects the local authority’s argument that the illogical ‘PEAK’ wording, being a typographical error, cannot amount to an error of law. The wording found its way into the EHC Plan, as ordered by the Tribunal, and there is no basis for concluding that its inclusion was not an error of law.
- 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
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