[2024] UKUT 317 (AAC)

There was a dispute before the FtT about the level of progress EM had made whilst he attended at School A. On that issue the FtT concluded ‘We find that despite EM appearing to make some progress towards his outcomes, this is the result of intensive adult support’ and that ‘[the local authority’s] submission is that EM’s attainment is in line with his potential; we find this is the case. Whilst we accept that with sufficient practice in consistent and settled circumstances, routines might develop, we do not consider this to be evidence of significant learning potential’ [35].

The FtT considered that ‘even with a very high level of support, the 2022 review identified progress and Ms Askew’s assessment indicate that progress was “minimal”’ [34]. EM’s attainment was in line with his potential [35]. EM had been in education within a specialist environment until year 12 and that ‘he had failed to make significant progress over that time nor have his adaptive skills increased [33] … ‘evidence we have shows he made some progress during his period at School A although this has not been maintained. He has failed to sustain and make progress despite a bespoke provision including a high level of staffing and specialist advice’ [37].

The reasons continued, ‘In summary, noting EM’s inability to function both within a school and his requirements to participate in current tuition sessions, we do not consider it realistic that he can acquire independence and employment skills beyond those that might be developed as part of a daily living or social care routine’ [38].

Finally, the FtT concluded that ‘We do not accept that EM’s presentation arises from an historic failure to provide appropriate provision, it is a reflection of his deep-seated difficulties. Accordingly, we conclude that it is not necessary for W&M to maintain EM’s EHCP. His daily needs must now pass to adult care’ [39].