Legislative framework
Legislative framework
Part 3 of the Children and Families Act 2014 (“2014 Act”)
Section 21 of the 2014 Act contains the following definitions, which apply to Part 3 of the Act:
“special educational provision”, for a child aged two or more, means “educational or training provision that is additional to, or different from, that made generally for others of the same age in – (a) mainstream schools in England…” (section 21(1));
“health care provision” means “the provision of health care services as part of the comprehensive health service in England continued under section 1(1) of the National Health Service Act 2006” (section 21(3));
“social care provision” means “the provision made by a local authority in the exercise of its social services functions” (section 21(4)).
the child’s special educational needs (section 37(2(a) of the 2014 Act). By virtue of reg. 12(1)(b) of the Special Educational Needs and Disability Regulations 2014 (2014 Regulations), special educational needs are to be specified in section B of the Plan;
the special educational provision required by the child (section 37(2)(c)): section F of the EHC Plan (reg. 12(1)(f));
“any health care provision reasonably required by the learning difficulties and disabilities which result in [the child] having special educational needs” (section 37(2)(d)): section G of the Plan (reg.12(1)(g));
any social care provision which must be made for the child under section 2 of the Chronically Sick and Disabled Persons Act 1970 (section 37(2)(e)), and any other social care provision reasonably required by the learning difficulties and disabilities which result in the child having special educational needs (section 37(2)(f)). These types of provision are to be specified in section H of the EHC Plan (reg. 12(1)(h)).
the child’s specified special educational needs (section 52(2)(c)(i));
the special educational provision specified in the plan (section 52(2)(c)(ii)).
- 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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