[2023] UKUT 311 (AAC)

It was not contested that A had a disability at the material times. The Tribunal also made that finding.

It was also not contested that the decision by the Appellant not to provide on-site education for A on 02 February 2021 amounted to unfavourable treatment and that the decision not to provide on-site education for A on or after 02 February 2021 was ‘something arising from’ A’s disability.

On that basis the only matter remaining for consideration was whether or not the Appellant could show that the treatment of A was objectively justified and the Tribunal concluded that the aims of the Respondent were not achieved by proportionate means.