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Reasons for decision
Reasons for decision
Introduction
EM was born on 11 September 2004. He has a diagnosis of Autistic Spectrum Disorder (ASD) and associated difficulties with his speech and language skills. EM’s mother acting as EM’s alternative person submitted an appeal on 29 June 2022. The appeal concerned the Respondent’s decision dated 26 May 2022 to cease to maintain EM’s Education, Health and Care Plan (EHC Plan) dated 24 July 2021.
That appeal was then heard before the First Tier Tribunal (FtT) on 11 May 2023. The FtT made a decision and gave reasons that were sent to the parties on 20 June 2023. On 17 July 2023, the Appellant applied to the FtT to:
set aside the FtT’s decision;
for a review of the FtT’s decision; and failing that
for a grant of permission to appeal to the Upper Tribunal (UT).
- Heading
- The decision of the Upper Tribunal is to allow the appeal
- Reasons for decision
- Summary
- The relevant legal framework
- Prior to the FtT appeal
- The FtT appeal
- EM has an educational need for OT as special educational provision, and this cannot be delivered without an EHCP
- The reality is that EM will not benefit from further special educational provision
- The FtT conclusions
- Permission to appeal
- Conclusions
- Conclusions