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Ground 6
Ground 6
The local authority argue that, in declining to include a recommendation in section G of the EHC Plan for paediatric sleep and ADHD assessment, the First-tier Tribunal acted within its permissible discretion. In any event, matters have moved on. The authority’s written submissions state:
“matters have moved on in respect of social care provision, with D being assessed by Dr Tamsin Woodbridge, Consultant Paediatrician Community Child Health on 01 August 2022 who diagnosed D as having (amongst other matters) a sleep disorder and challenging behaviour with inattention and impulsivity. A plan was made by Dr Woodbridge for a referral to SSCLS (Specialist Service for Children with Learning Disabilities) and for D to be reviewed in one year.”
- 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