[2024] UKUT 317 (AAC)

EM attended School A, a maintained generic special school. The FtT heard evidence that School A was a purpose-built special school which was rated good by Ofsted and 26% of its pupil cohort have a diagnosis of ASD.EM attended School A between September 2013, when he was in year 3 and 13 July 2022, when he was in year 12.

It was reported by senior staff at School A that EM’s continued attendance would be detrimental to him, in terms of him being isolated and staffed on a ratio of 2:1. During EM’s annual review in October 2020, School A outlined that despite being a special school, it did not have a suitable curriculum or cohort for EM and, therefore, they would not be able to accommodate him in Key Stage 5.

During the 2021-2022 academic year School A continued to provide EM’s provision even though the School had stated it could not meet his needs and was not named on his EHC Plan.

It was agreed by the parties to this appeal that the Appellant had not met the outcomes as defined in his EHC Plan.

In a decision dated 6 May 2022 the Respondent decided to cease to maintain EM’s EHC Plan. The letter stated that ‘[EM] has demonstrated recently at School A that he is not able to access formal education and make progress, and it is the Local Authority’s view that he can be better supported in the adult care environment. School A is unable to continue to support him due to the level of his complex behaviours, and there is no evidence to suggest that any other education placement would be able to support him more successfully. The local authority is no longer seeking an education placement for [EM] and is of the view that he needs to transition into an adult social care placement for the safety of himself and his peers…’.

Since July 2022, EM has been in receipt of care for six days a week for eight hours each day (totalling 48 hours per week). The care EM receives is from a care agency on a ratio of 2:1. The carers provide support on Monday to Saturday from 9am to 5pm. The activities during the week include attending an activity centre called Thornley. This has trampolines, soft play, bikes and outdoor activities for EM to experience.

At the time the matter was heard by the FtT interim tutoring was being provided by a tutoring service called Home School Tutoring. Sessions took place twice a week for two hours a day. This support commenced in the home setting on 9 January 2023.