[2024] UKUT 87 (AAC)

The Appellant, ‘AB’, is the mother of, and ‘Alternative Person’ for, ‘O’.

The essential background to this matter is that at the time of the hearing before the Tribunal O was 22 years old and lived with his mother in Sussex.

O has diagnoses of Severe Learning Disability; Autistic Spectrum Disorder; Attention Deficit Hyperactivity Disorder; Oppositional Defiance Disorder; Separation Anxiety Disorder; and Generalised Anxiety Disorder plus other health conditions.

From September 2016 O attended the appointed School and from 09 September 2019 until July 2022 he transferred to a Specialist College, an independent placement that is not section 41 approved. O’s education ceased after that time due to a lack of funding for his college placement.

On 16 June 2022 a decision was made by the Local Authority, pursuant to section 45 of the Children and Families Act 2014, to cease to maintain the EHC plan for O. That decision was to take effect from 31 July 2022. 

An application for judicial review was made relating to that decision. The proceedings were withdrawn and a new section F provision was agreed by the parties of 15 hours of 1:1 tuition per week and 10 hours per week of a learning mentor during term time and 5 hours per week of Adult Social Care in non-term time to be increased incrementally.

At the date of the hearing, apart from a day session with the Interim Provision Service, O has not taken up the 25 hours of support in the order/schedule in the JR proceedings.

By an appeal made on 14 July 2022 and registered on 01 August 2022, AB as the ‘Alternative Person’ and parent of O, appealed against a decision by the Respondent Local Authority to cease to maintain the EHC Plan. 

AB also appealed against section F of the last EHC Plan but not section I.  AB also sought to appeal against what was said about social care. 

AB’s claim was made against the Respondent as the Local Authority. 

The appeal was heard over two days and was dismissed by the Tribunal in a decision dated 26 April 2023.