[2024] UKUT 223 (AAC)

Ground (3) is that SRU does need continual supervision throughout the day in order to avoid substantial danger to herself or others, both at home and school and anywhere else during events and activities that she attends because (i) she has to carry her EpiPens and anti-histamines everywhere she goes; and (ii) her parents have to provide the host at the venue, or the medical personnel, her care plan and hand them the medication she carries to administer if needed. A classic incident that took place was during her friend’s birthday party in 2023. The host’s mum called the parents for advice after SRU came in contact with contaminated food and she asked for advice on how to administer the medication that the parents had handed to her.

Ground (3) discloses no arguable error of law, for the following reasons.

Carrying her own EpiPen and anti-histamines everywhere she goes

Carrying her own EpiPen and anti-histamines does not amount to anyone supervising SRU or to her needing continual supervision (substantially beyond that required for any child her age).

Providing medication and a “care plan” to a host or medical personnel

Providing medication and a “care plan” to a host or medical personnel does not show continual supervision or a need for continual supervision. Nor does it amount to continual supervision if the host has to administer any medication to SRU if SRU has an episode. That is so even on a much more moderate construction of “period throughout which” that does not require the need to be there every day or even on a majority of the days of a week.