As per RAW characters should be able to use higher spell slots to cast spells even if the spells' effects don't scale with higher slots. Had to take a long rest just to get a first level slot for Jump back for example. Had plenty of second and even third level spells left but couldn't use them to cast Jump because it's a first level spell.
The same thing happened to me tonight. What's worse is that I had a use of arcane recovery, but the game doesn't seem to let you pick the slots to recover. Unless I missed something, you always get the highest combination of slots allowed. So I got back a single second level slot rather than two first level slots when a first level slot was what I needed.
Do you not get the little plus signs next to those spells when you click the "cast spell" option? I haven't played far enough into the new EA to have checked on this, but the original one allowed you to cast using higher level slots.
He is getting them but only when higher slots provide additional benefits. Spells without additional benefits (such as extra damage, extra targets, or longer durations) to using higher slots are not being provided the option to upcast.
But if they add this, they should visually distinguish it from spells where the higher-level slot actually gives an advantage. Maybe different colors or something.
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