Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 323 (AAC)

Fecha: 23-Sep-2025

The grounds of appeal

The grounds of appeal

31.

I granted permission to appeal, limited to the following grounds, which may be summarised as follows:

Ground 1h – Factual error as to the evidence in relation to regression during school holidays

Ground 1j – Factual error as to the evidence in relation to Ali’s emotional regulation and failure to take into account that Ms Burns (the local authority’s Educational Psychologist) had not been involved with Ali since he was in nursery in March 2019

Ground 2 – The First-tier Tribunal failed properly to apply the correct legal test when considering the need for an extended day curriculum

Ground 3 – The First-tier Tribunal failed to take into account relevant factors when determining if an extended day curriculum is required as special educational provision in Section F

Ground 4 – The First-tier Tribunal took into account irrelevant factors when determining if an extended day curriculum is required as special educational provision in Section F

Ground 5 – The First-tier Tribunal failed to give adequate reasons as to why School X was suitable to meet need

32.

As will be appreciated, there was a significant overlap between Grounds 2, 3, 4 and 5, and the appellants in their submissions dealt together with Grounds 2 and 3, and focused Ground 4 solely on the question of whether the First-tier Tribunal approached the evidence of Ms Burns’ correctly. There was no objection by Ms Tkaczynska to this approach, so I do the same.

Grounds 1h and 1j: Alleged factual errors in relation to regression during holidays and Ms Burns’ evidence.

33.

It is convenient to take these two grounds together as they overlap.