Proceedings before the First-tier Tribunal
Proceedings before the First-tier Tribunal
Background in brief
This case concerns an EHC Plan) issued by the Respondent, Bristol City Council (the local authority), in respect of a boy whom I refer to in these reasons as D. I trust this causes no offence. D’s parents appealed to the First-tier Tribunal against the contents of D’s EHC Plan. I do not know why but it appears that, before the Tribunal, D’s mother was legally represented but his father represented himself. Despite that, the arguments that mother and father put to the Tribunal were not inconsistent.
The First-tier Tribunal gave the following description of D, who was aged 13 when his EHC Plan was issued:
“[D] was diagnosed with Autism Spectrum Disorder (‘ASD’) when he was two years old. He is described in his EHCP as having a severe and complex learning disability. He also has significant communication difficulties.”
- 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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