[2025] UKUT 187 (AAC)

Section 12 of the Tribunals, Courts and Enforcement Act 2007 provides that the Upper Tribunal may re-make a decision rather than remitting it, including by making findings of fact. Mr Broach urged me to remake the decision on 1:1 provision on the basis of the evidence in Dr Kellys’ report. Mr Holland urged caution and to limit the approach I took to disposal.

Whilst I have sympathy with the Appellants’ position, that they should not be put to further delay or costs, I do not consider it appropriate for me to remake this decision. Particularly in circumstances where the level of 1:1 support required is contested and the Tribunal took a different approach to that advanced by both parties. Consideration of this point requires consideration of all the available evidence as well as a tribunal’s own expertise.

Further, the issue of SLT provision requires remittal in any event. I was not pressed by Mr Broach to remake the decision in this regard, albeit his written submission invited me to do so on the basis of Dr Aldred’s report.

In light of the errors identified in the decision and the possible delay in reconvening the panel, the remitted hearing will be before a newly constituted panel.

Discussion is currently ongoing between the parties as to the content of the EHCP for G for the next academic year. The parties are encouraged to consider whether they may be able to proceed by way of agreement rather than investing further cost and time into a future hearing related to this EHCP which will soon be out of date.