Ms Fern’s evidence
Ms Fern’s evidence
The Tribunal rehearses the oral witness evidence at paragraphs 17 to 21 of the decision. The Tribunal’s summary of Ms Fern’s evidence (paragraphs 18-19) does not make reference to a provision map prepared by the school (FTT supplementary bundle page 134). Under ‘Description of provision’ in the provision map it states: ‘G is supported by a team of 2 LSAs throughout the day’ and under ‘Cost per academic year’ it states: ‘32.5 hours specialist support £13.52 per hour. Specialist support per term £5,565.73. Per annum £16,697.20’. The provision map was adduced into evidence in Ms Fern’s witness statement under the words ‘Section F’ at the bottom of page 71 (FFT supplementary bundle).
The Tribunal’s conclusion that Ms Fern’s evidence on the level of 1:1 support ‘does not amount to either a high level of support or full time 1:1’ does not engage with the contents of the provision map at all. It is not possible to decern how, if at all, the Tribunal weighed this evidence. If, using their own expertise and/or weighing against other available evidence, the Tribunal disagreed with the level of provision specified in the provision map it was incumbent on them to explain why.
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 2 October 2024 under number EH895/23/00086 was made in error of law. Under section 12(2)(a) a
- Background
- The hearing
- Tribunal’s decision
- Submissions
- Appellant’s Submissions
- Ground 2 (SLT)
- Respondent’s Submissions
- Ground 2 (SLT)
- Law
- Conclusion
- Ms Fern’s evidence
- Weighing of available evidence
- Placement specific factor
- Specificity
- Ground 2 (SLT)
- Conclusions
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