[2025] UKUT 191 (AAC)

IN THE UPPER TRIBUNAL Appeal No UA-2025-000227-HSW

ADMINISTRATIVE APPEALS CHAMBER

ON APPEAL FROM THE EDUCATION TRIBUNAL FOR WALES

Dated: 23 May 2025

Before:

The Rt Hon Sir Gary Hickinbottom Judge of the Upper Tribunal

Appellant: Y Council

Respondents: Mrs X (mother of X)

Heard at: Cardiff (Cardiff Civil Justice Centre)

Attendance

For the Appellant: Laura Shepherd of Counsel

For the Respondent: In person

Date of hearing: 14 May 2025

Date of decision: 23 May 2025

DECISION OF THE ADMINISTRATIVE APPEALS CHAMBER

OF THE UPPER TRIBUNAL

On Ground 1: The appeal is allowed in part. The IDP be amended to describe the SALT provision which the Health Board have agreed to provide in Section 2C, and to show in Section 2B that that provision is to be delivered by the Health Board (and not the Council).

On Ground 2: Appeal dismissed.

Subject Matter

Sections 20-21 and 76 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 – whether Additional Learning Provision to be made by an NHS body should be described in Section 2B of the Individual Development Plan or only in Section 2C – the proper approach of the tribunal to recommending that such provision should be made by an NHS body.

Cases referred to

None.