[2023] UKUT 311 (AAC)

The Tribunal concluded that the failure to provide on-site education was a continuing act because it continued to be in place on and after 11 May 2021, within the period of six months before the date on which the claim was presented. The Tribunal considered that it had uncontested evidence that the School continued to be named in Section I of A’s EHC Plan and had remained named in that plan at the date of the hearing. The Tribunal concluded that in all the circumstances the claim was in time in respect of the decision of 02 February 2021 not to provide on-site education to A, an action which continued on a constant basis beyond 11 May 2021.