The hearing on 1 April 2022
The hearing on 1 April 2022
A hearing was held on 1 April 2022 but adjourned. The First-tier Tribunal’s adjournment notice was not before when I granted permission to appeal against the Tribunal’s decision. It has now been supplied by the local authority. The notice:
did not explain why an adjournment was necessary save to state that, “The hearing was concluded but the parties are to update the working document and present written submissions. The Tribunal then will deliberate.”
required the Appellants, by 4 p.m. on 4 April 2022, to provide the authority with an updated Working Document and their proposed health and social care recommendations;
required both parties, by 4 p.m. on 11 April 2022, to inform each other, and the Tribunal, if they wished to present updated evidence about health and/or social care matters. Any such evidence was to be presented to the other party and the Tribunal by 4 p.m. on 25 April 2022, a deadline which also applied to the authority’s provision of a response to the Appellants’ health and social care recommendations;
required both parties, by 4 p.m. on 6 May 2022, to provide written closing submissions to each other and the Tribunal. This part of the notice went on to state:
“The LA also will provide to the Tribunal the final version of the working document, any additional evidence of the parties as referred to in the previous paragraph and the proposed recommendations regarding Health and Social Care matters.”
- 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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