EM v Royal Borough of Windsor and Maidenhead: [2024] UKUT 317 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Price on 28 May 2024
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Judicial Summary
This decision decides that it was unlawful to cease to maintain an Education, Health and Care Plan. The tribunal had not correctly applied the test of necessity. The tribunal erred when it considered that the fact that only a small amount of progress had been made in terms of the appellant’s learning meant that an EHC Plan was not necessary - a particular level of learning potential is not an essential prerequisite for an EHC Plan. Further, if the First-tier Tribunal considered the necessary provision could be met without an EHC Plan they did not adequately explain that in their reasons.