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The decision of the Upper Tribunal is to allow the Appellant’s appeal against the First-tier Tribunal’s decision
The decision of the Upper Tribunal is to allow the Appellant’s appeal against the First-tier Tribunal’s decision.
Decision: Under section 12(1) of the Tribunals, Courts and Enforcement Act 2007, the Upper Tribunal finds that the making of the First-tier Tribunal’s decision of 15 June 2022 (file ref. EH/801/21/00026), as subsequently reviewed and amended by that tribunal, involved an error on a point of law. However, acting under section 12(2)(a) of the 2007 Act, the Upper Tribunal does not set aside the First-tier Tribunal’s decision.
ORDER UNDER RULE 14 of the UPPER TRIBUNAL RULES
Under rule 14(1) of the Upper Tribunal (Tribunal Procedure) Rules 2008 I hereby make an order PROHIBITING the disclosure or publication of any matter likely to lead to a member of the public identifying the child / young person whose Education, Health and Care Plan was under appeal to the First-tier Tribunal as a person connected with these proceedings. This order does not apply to (a) a parent of the child / young person acting in the due exercise of parental responsibility; (b) the disclosure of such a matter by any person exercising statutory (including judicial) functions in relation to the child / young person.
REASONS FOR DECISION
Originally, there were joint Appellants in this case Mr and Mrs AA, the parents of the child whose education, Health and Care Plan (EHC Plan) was under appeal to the First-tier Tribunal. During these proceedings before the Upper Tribunal, Mr AA applied to be removed as a party. That application was granted leaving Mrs AA as the sole Appellant.
- 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