Upper Tribunal Administrative Appeals Chamber

[2023] UKUT 311 (AAC)

Fecha: 28-Nov-2023

Statutory Framework

27.

Section 85(2) of the Equality Act 2010 provides:

(2)

The responsible body of [a school to which this section applies] must not discriminate against a pupil—

(a)

in the way it provides education for the pupil;

(b)

in the way it affords the pupil access to a benefit, facility or service;

(c)

by not providing education for the pupil;

(d)

by not affording the pupil access to a benefit, facility or service;

(e)

by excluding the pupil from the school;

(f)

by subjecting the pupil to any other detriment.

. . .

(7)

In relation to England and Wales, this section applies to—

(a)

a school maintained by a local authority;

. . .

(9)

The responsible body of a school to which this section applies is—

(a)

if the school is within subsection (7)(a), the local authority or governing body;

28.

Section 116(1)(a) and (3) of the Equality Act 2010 provides that Education cases are claims that may be made to the First-tier Tribunal in accordance with Part 2 of Schedule 17 and that Schedule 17 (disabled pupils: enforcement) has effect.

29.

Schedule 17, paragraph 4 makes provisions on time limits:

(1)

Proceedings on a claim may not be brought after the end of the period of 6 months starting with the date when the conduct complained of occurred.

. . .

(3)

The Tribunal may consider a claim which is out of time.

(4)

Sub-paragraph (3) does not apply if the Tribunal has previously decided under that sub-paragraph not to consider a claim.

(5)

For the purposes of sub-paragraph (1)—

(b)

conduct extending over a period is to be treated as occurring at the end of the period;

(c)

failure to do something is to be treated as occurring when the person in question decided on it.

(6)

In the absence of evidence to the contrary, a person (P) is to be taken to decide on failure to do something—

(a)

when P acts inconsistently with doing it, or

(b)

if P does not act inconsistently, on the expiry of the period in which P might reasonably have been expected to do it.

30.

Section 15 of the Equality Act 2010 provides:

(1)

A person (A) discriminates against a disabled person (B) if -

(a)

A treats B unfavourably because of something arising in consequence of B's disability, and

(b)

A cannot show that the treatment is a proportionate means of achieving a legitimate aim.

(2)

Subsection (1) does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability.”