[2023] UKUT 311 (AAC)

This point was not taken below as properly declared by the Appellant. It is my conclusion that it is appropriate to address this issue as part of the overall appeal. Applying the decision in Notting Hill Finance Ltd -v- Sheikh [2019] EWCA Civ 1337, this is a point of law that does not require further evidence, if the point had been taken at the hearing no evidence of a different nature would have been required. It was raised in the grounds of appeal and the Respondents have had sufficient time and opportunity to address the issue. In essence it raises similar points to those expressed above under Ground 2.

Having regard to the decision at Appeal Ground 2, I conclude that the treatment of A after 06 April 2021 is not unfavourable treatment of A by the School, nor unfavourable treatment of A by the School because of something arising in consequence of A’s disability. A had been placed at the care home by the Local Authority because of the section 20 Agreement entered into between the Local Authority and the Respondents. The care home was some distance from the School making attendance impracticable. The School had already reached a decision that it was no longer suitable for A and considered after 06 April it was no longer responsible for A’s education. Any unfavourable treatment of A by the School and because of something arising in consequence of A’s disability clearly ceased at that time.