Placement specific factor
Placement specific factor
Turning now to the Tribunal’s reference to a placement specific factor in its conclusions. Of course, class size is an irrelevant consideration to determining Section F special educational provision. The Tribunal makes reference to class size twice in paragraph 26a: ‘There is small group work required, but the class is already small…’ and ‘Although section I follows F, it is difficult to put out of mind the fact the classes are as a matter of fact very small indeed and have a high pupil to staff ratio’.
The inclusion of the above sentence introduces an element of ambiguity as to the Tribunal’s decision making. I am however persuaded by Mr Holland’s submission that these references to class size were made to give context in circumstances where placement at the school was agreed and known. In doing so I take into account the Tribunal’s specific reference to the correct order of decision making: ‘Section I follows F’. As such this aspect of Ground 1 is not well made and is dismissed.
- 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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