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The decision of the Upper Tribunal is to allow the appeal
The decision of the Upper Tribunal is to allow the appeal.
This appeal is allowed. The decision of the First-tier Tribunal (20 June 2023, First-tier Tribunal file reference EH868/22/00040) involved an error on a point of law.
The Upper Tribunal sets the decision aside under section 12(2)(a) of the Tribunals, Courts and Enforcement Act 2007. The Upper Tribunal remits the Appellant’s appeal against the local authority’s decision to cease to maintain the Education Health Care Plan to the First-tier Tribunal for re-determination in accordance with the directions given at paragraph 54, which follow the reasons for this decision.
- 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