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IN THE UPPER TRIBUNAL Appeal No.UA-2023-001275-HS
ADMINISTRATIVE APPEALS CHAMBER [2024] UKUT 139 (AAC)
On appeal from the First-tier Tribunal (Health, Education and Social Care Chamber)
(Special Educational Needs)
Between:
KTS
Appellant
- v -
Governing Body of a Community Primary School
Respondent
Before: Upper Tribunal Judge Stout
Hearing date: 24 April 2024
Decision date: 2 May 2024
Representation:
Appellant: Stephen Broach KC (instructed on Direct Access)
Respondent: Lachlan Wilson (counsel, instructed by Warwickshire County Council)
DECISION
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- The decision of the Upper Tribunal is that the appeal is allowed
- or any information that would be likely to lead to the identification of any of them or any member of their families in connection with these proceedings (including the name of the school)
- Introduction 3
- Factual background
- The First-tier Tribunal’s decision
- The grant of permission
- The relevant legal principles
- The grounds of appeal: discussion and conclusions
- Ground A – “The First-tier Tribunal erred in finding that a school is entitled to take time and to exercise discretion and professional judgment as to the steps that it takes and the adjustments that
- Ground C – “A finding that there was no dictation or copying and that D’s written work was her own was not open to the First-tier Tribunal on the evidence”
- Ground D – “The overall conclusion that there was no breach of the duty to make reasonable adjustments was the result of a misdirection in law, because that duty does not merely require some steps to
- Conclusions