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Regulations
Regulations
Regulation 43(2)(f) of the 2014 Regulations provides that the First-tier Tribunal’s powers, when determining an appeal, include power to order an EHC Plan to continue to be maintained with amendments relating, amongst other things, to special educational provision.
The First-tier Tribunal’s power to make social care and healthcare recommendations is conferred by regulations 4 and 5 of the Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017. Regulations 6 and 7 prescribe a procedure under which relevant local authorities and NHS bodies must respond to recommendations, and the response must include written reasons for not following any recommendation.
- 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