Upper Tribunal Administrative Appeals Chamber

[2023] UKUT 223 (AAC)

Fecha: 13-Jul-2023

The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 25 October 2022 under number EH303/22/00010 involved the making of an error on a point of law

The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 25 October 2022 under number EH303/22/00010 involved the making of an error on a point of law. Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 I set the decision aside and remit the case to a fresh panel of the First-tier Tribunal (HESC Chamber) (SEND). I direct that the file be placed before a salaried judge of that tribunal for case management directions to be given.

REASONS FOR THE DECISION

In what follows

references to the “tribunal” and to the “decision” are to the First-tier Tribunal and its decision as referred to immediately above;

numbers in square brackets are references to paragraphs of the tribunal’s decision (unless otherwise indicated); and

references to “s” or “section” are to sections of Children and Families Act 2014.

This appeal concerns a boy of 5 (at the time of the decision), whom I will refer to as “Q”. Q is the son of the Appellants.

As the decision recorded, Q has a diagnosis of autism spectrum disorder with global developmental delay and sensory processing difficulties. The decision found that Q has difficulty in communication and interaction, sensory needs and social, emotional and mental health. It found that his complex needs and severe learning difficulties affect his ability to learn.

The appeal to the tribunal was made under s51, which gives a right of appeal against, amongst other things,

the special educational provision specified in an EHC plan; and

the school named in the plan.

The tribunal allowed the appeal in the sense that Sections B (special educational needs) and F (required special educational provision) of Q’s EHC plan were amended; the appeal in respect of Section I (named school) was dismissed.