[2025] UKUT 010 (AAC)

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 provided detailed submissions on the need for D to have 2:1 provision from two ABA tutors. That was rejected by the Tribunal in reliance on the Appellant’s own evidence (from Skybound). The email of 29 April 2022 from Ms Dennison, of Skybound, only referred to the need for “at least two staff present” but said nothing about the second person having to be an ABA tutor. The Tribunal’s decision on this point was entirely permissible and the Appellant fails to explain why she would have challenged the absence of a requirement for the second person to be ABA trained, a requirement which was not supported by even her own evidence.