Kerry Underwood


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Here I look at Upper Tribunal decisions, that is decisions on appeal, in relation to Special Educational Needs and Disabilities.

All of the information in all of these posts is taken directly from the Senior President of Tribunals’ Annual Report 2020, which is an invaluable and free resource dealing with all aspect of the work of tribunals as well as setting out these summaries of key cases.

The whole report can be accessed here.

Administrative Appeals Chamber: Special Educational Needs and Disabilities

[2019] UKUT 223 (AAC)L v Governing Body of Cherry Lane Primary School (SEN)SENDThe Upper Tribunal decided that Rule 12(3)(a) of the Health, Education and Social Care Rules cannot be relied on to extend the six-month time limit for making a claim under the Equality Act 2010. In this case the First-tier Tribunal erred in law in its approach to the 2010 Act’s provisions by allowing an application for an extension of time to be considered.

[2019] UKUT 240 (AAC)Derbyshire County Council v MooreSENDThe Upper Tribunal decided that there was no absolute requirement for all Education and Healthcare Plans to specify a particular school or other institution in section 1 even where section 61 of Children and Families Act 2014 applies (“education otherwise than in school”) and that M & M v West Sussex County Council (SEN) [2018] 347 (AAC) was incorrectly decided on that point.  

[2019] UKUT 243 (AAC)Nottinghamshire County Council v SF and GDSENDThe Upper Tribunal decided that the First-tier Tribunal had not erred in its construction of section 37 of Children and Families Act 2014 and in particular its approach to whether an Education, Health and Care plan (“EHC”) plan is necessary for a six-year-old with diagnoses of Autism Spectrum Disorder, Developmental Coordination Disorder and hypermobility, who attended a maintained mainstream school.  

[2019] UKUT 259 (AAC)Proprietor of Ashdown House School v (1) JKL (2) MNPSENDThe Upper Tribunal decided that the school had discriminated against a child on the basis of his disability under section 15 of the Equality Act 2010 and ordered that it withdraw its exclusion of him and reinstate him with support and extra tuition for lost learning as well as an apology.

Written by kerryunderwood

August 21, 2020 at 7:33 am

Posted in Uncategorized

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