Westminster City Council v (1) FTT (HESC): (2) A (SEND): [2023] UKUT 177 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge West on 12 July 2023.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 8 August 2023

• Categories: Special educational needs, Tribunal procedure and practice
• Sub-categories: Special educational needs - special educational provision - other, Tribunal procedure and practice - tribunal jurisdiction
• Judges: West, M
• Decision date: 12 July 2023

Read the full decision in UA-2022-001731-JR.

Judicial Summary

Special educational needs – whether First-tier Tribunal has power to review only part of a decision - s.9(4) Tribunals, Courts and Enforcement Act 2007 - contents of Education, Health and Care Plan – whether mentoring support during term time constituted special educational provision (SEP) – whether First-tier Tribunal erred by failing to address extent to which it was SEP as opposed to social care provision - whether First-tier Tribunal erred by concluding that mentoring support was required as SEP during non-term time periods.

Published 8 August 2023