[2025] UKUT 010 (AAC)

The local authority’s written submissions filled certain documentary gaps in the history of this case before the First-tier Tribunal. The local authority inform the Upper Tribunal that the First-tier Tribunal’s decision of 15 June 2022 was reviewed on 14 July 2022 and remitted for supplementary determination by way of review resulting in an amended decision on 2 September 2022. I was unaware of this development when I granted permission to appeal against the Tribunal’s decision, but the review amendments made to the EHC Plan do not relate to matters falling with the Appellants’ grounds of appeal.

Regarding the hearing before the First-tier Tribunal on 1 April 2022, the authority submit that “it is critically important to explain the background as to why the hearing of 1 April 2022 was adjourned and why a direction was given by the FtT for further evidence to be submitted and the WD [Working Document] be updated”. The authority go on to argue:

during the hearing, the parents raised for the first time an issue about [D] requiring 2:1 supervision when accessing the community;

it was not until the evening of 1 April 2022 that the parents’ representative confirmed by email that an amendment would be sought to the Working Document to include 2:1 supervision, submissions would be made on that issue and further evidence provided by the parents;

counsel for the local authority at the hearing on 1 April 2022 recalled that the Tribunal determined, without objection, that the issue of 2:1 supervision would be dealt with by further written submissions and evidence “if pursued”. This was because the local authority had not been given notice of the issue;

both parties filed additional documents “relevant to the newly raised issue of 2:1 supervision”. Under a case management ruling, the parents’ revised Working Document should have been received by 4 April 2022 but was not provided to the Tribunal until 12 April 2022 (this became WD 14).