Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 317 (AAC)

Fecha: 28-May-2024

Permission to appeal

Permission to appeal

33.

I granted the Appellant permission to appeal to the UT on two of the grounds advanced.

34.

The first ground concerned whether the FtT applied the correct legal test when determining whether to cease to maintain the appellant’s EHCP. I summarised the potential error in my determination of the application for permission to appeal in the following terms:

‘…the FtT decision was based on their conclusion that the appellant was not ever going to achieve his current learning outcomes; he was not going to learn a specific set of skills (those that would enable him to acquire independence and go to his employability); and he was not going to make a certain level of progress, as he did not have the necessary significant level of learning potential.

The tribunal did not conclude that this was a case where the young person was not going to achieve anything if education continued.

It is clearly arguable from the reasons given that the test the FtT applied was whether or not the appellant was able to develop a certain type of skills (‘independent and employment’) to a certain level. This is not the statutory test’ [10-12].

35.

The second ground of appeal concerns the adequacy of the reasons given by the FtT for their decision.