[2025] UKUT 010 (AAC)

The Respondent argues that Ground 6 is rendered academic because matters have ‘moved on’ because D has now been assessed by a consultant Paediatrician who has diagnosed D with a sleep disorder and challenging behaviour with inattention and impulsivity. The Appellant’s reply does not dispute the Respondent’s argument and instead relies on its earlier submissions. Those earlier submissions do not meet the authority’s argument because, when those earlier submissions were drafted, it was not argued that Ground 6 had become academic. I therefore take the Appellant’s decision not to make submissions in opposition to the argument that Ground 6 has become academic to be a concession that Ground 6 has in fact become academic. Ground 6 is not made out.