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An Appeal About Educational Provision Out-Of-Term-Time Has Been Allowed by The Upper Tribunal

Parents and educational professionals will know that children and young people (CYP) can take a step back in some aspects of their learning during lengthy holiday periods. This can be even more prevalent when the CYP has special educational needs (SEN). Many CYP with SEN have regular therapies and need to practice newly acquired skills over and over again. A long break without this provision can not only halt progress in these areas but cause regression.

In GK v North Somerset Council the Upper Tribunal allowed an appeal that had been brought on two grounds:

  1. The First-tier Tribunal (FTT) had made an error in finding that special educational provision (speech and language therapy (SLT) in this case) should be limited to term time only; and
  2. The FTT had made an error in failing to take into proper account of the evidence regarding the number of hours to be allocated to SLT reviews and reassessments.

The Upper Tribunal allowed the appeal on the basis of the FTT having failed to give adequate reasons for its findings in relation to the out-of-term special educational provision.  Having found for the appellant on this basis, the Upper Tribunal did not go on to consider the second ground of appeal.  The case was re-referred back to be heard by a different FTT panel.

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