[2025] UKUT 187 (AAC)

This case concerns the Education, Health and Care Plan (EHCP) for G, who is now 7 years old. G has a diagnosis of autism (ASD).

In an appeal to the First-tier Tribunal (the ‘Tribunal’) made on 23 October 2023 and registered on 13 November 2023, the Appellants sought amendments to Sections B, F and I of the EHCP issued by the Respondent on 10 October 2023.

The Respondent was barred from participating in the Tribunal hearing on 30 September 2024 for non-compliance with the Tribunal’s orders. Shortly prior to the hearing date, the Respondent produced an amended working document and agreed to name the school of parental preference in Section I. Thus, the appeal before the Tribunal focussed on sections B and F.

The Tribunal issued their decision on 2 October 2024. On 28 October 2024 the Appellants applied to the First-tier Tribunal for permission to appeal against that decision in respect of section F of the EHCP. The application was refused by Judge McCarthy in a decision dated 19 December 2024. Judge McCarthy found the Tribunal was in error of law for not considering amendments to the EHCP requested by the Appellants regarding Speech and Language Therapy (SLT). On review of the decision under Rule 47 of Tribunal Procedure (First-tier Tribunal) Health, Education and Social Care Chamber) Rules 2008, Judge McCarthy concluded that no action in relation to the Tribunal’s decision was required on the basis that the amendments contested for did not amount to special educational provision.

The Appellant applied for permission to appeal to the Upper Tribunal, received on 14 January 2025. The two grounds of appeal are summarised as follows:

In a decision dated 19 February 2025, I gave permission to appeal on ground 1 and ground 2 to a limited extent. An oral hearing was listed by video on 9 May 2025 to determine the appeal.

I have anonymised the name of the Appellants and their son (G) in these proceedings. In doing so, no disrespect is intended to the family.