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The decision of the Upper Tribunal is that the appeal is allowed
The decision of the Upper Tribunal is that the appeal is allowed.
The decision of the First-tier Tribunal is set aside in part and remitted to be reconsidered by a fresh tribunal.
I direct that the file be placed before a salaried judge of the First-tier Tribunal (Health, Education and Social Care Chamber) (Special Educational Needs) for case management directions to be given.
RULE 14 ORDER
THE UPPER TRIBUNAL ORDERS that, save with the permission of this Tribunal:
No one shall publish or reveal the name or address of any of the following:
D, who is the child involved in these proceedings;
any of the other children mentioned in the evidence or argument;
- Heading
- 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