[2023] UKUT 311 (AAC)

The Respondent parents argued that the decision to stop providing A with on-site education from 03 February 2021 amounted to discrimination arising from disability pursuant to section 15 of the Equality Act 2010. In particular that the Appellant could not show that the treatment of A was a proportionate means of achieving a legitimate aim under section 15(1)(b).

The Appellant argued that although it had sympathy with the circumstances of A and the Respondent parents, the decision was objectively justified.

Importantly, at the Tribunal the Appellant raised a preliminary point relating to the time limit for presenting the claim. There was consideration over whether or not this matter had been considered and determined by a previous judge and the Tribunal decided to consider the issue of time limits afresh taking into account the submissions made by both parties.