[2025] UKUT 191 (AAC)

To ensure the rights and interests of X are protected, this Decision has been anonymised; and no report of this case shall be made that, directly or indirectly, may lead to the identification of X.

This is an appeal from the decision of the Education Tribunal for Wales (“the ETW”) (Judge Allen, Specialist Member Dr Evans and Specialist Member Dr Delaney, “the ETW Panel”) dated 25 November 2024 allowing the appeal of the Respondent (Mrs X, X’s mother) against the decision of the Appellant local authority (“the Council”) to issue an Individual Development Plan (“IDP”) in relation to X’s Additional Learning Needs (“ALN”) in the terms that it did. I shall refer to the ETW Panel decision dated 25 November 2024 as “the ETW Decision”.

In particular, the Council appeals against the decision of the ETW Panel to list X’s Speech and Language Therapy (“SALT”) and Occupational Therapy (“OT”) Additional Learning Provision (“ALP”) in Section 2B of the IDP in addition to or instead of Section 2C which, it is submitted, was contrary to the statutory scheme (Ground 1). The Council also submits that, in so listing that ALP, the ETW Panel took into account an irrelevant consideration, namely the means of enforcement against an NHS body (Ground 2).

The President of the ETW having refused permission to appeal on 17 February 2025, I granted permission on both grounds on 6 March 2025.

The relevant Health Board (“the Health Board”) were invited to make submissions on Ground 1 and/or attend the hearing which they declined to do.

At the hearing, Laura Shepherd of Counsel appeared for the Council, and Mrs X appeared in person. I thank them both for their assistance.