[2023] UKUT 177 (AAC)

The Council sought permission to appeal against the Tribunal’s decision on 23 March 2023. It is important to note, however, that in Section E of the SEND 20A form the only ground of appeal was that the apparent duplication of 5 hours of mentoring support in both Sections F and H was wrong in law. The inclusion of 5 hours per day in both sections suggested that the provision of the service was to be increased to 10 hours per day, which was not what was agreed and accepted by the Tribunal. That was the only ground of appeal.

A's solicitor wrote to the Tribunal on 5 April 2022 to suggest that, since the application was in fact seeking to review one aspect of the working document rather than to appeal against the decision itself, it should more appropriately be resolved by way of review and by the Tribunal providing further clarification of the working document rather than by way of an application for permission to appeal.