![[2024] UKUT 406 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
Direction (3) above may be varied by direction given by the First-tier Tribunal
Direction (3) above may be varied by direction given by the First-tier Tribunal.
REASONS FOR DECISION
This case concerns claims under the Equality Act 2010 (2010 Act) brought by the Appellant in respect of her daughter and son. In these reasons, her daughter is referred to as D and her son as S. The Respondent is referred to as Kingston Grammar School or the School. It has been described to me as a co-educational, selective independent school. The children were both aged 14 at the date of the Tribunal’s decision.
- Heading
- The decision of the Upper Tribunal is to ALLOW the appeal
- The Appellant’s claims are to be decided by a differently constituted First-tier Tribunal The First-tier Tribunal is to hold a hearing before deciding the Appellant’s claims
- Direction (3) above may be varied by direction given by the First-tier Tribunal
- Background
- Events on 19 April 2023 (re-listed hearing date)
- Tribunal’s finding that neither child was disabled for the purposes of the Equality Act 2010
- Legal framework
- Section B deals with the requirement for a person’s impairment to have a substantial adverse effect on ability to carry out normal day-today activities. Section B identifies matters that might be rele
- Section E is about disabled children. E3 addresses education
- Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (2008 Rules)
- Grounds of appeal
- Appellant’s arguments
- Ground 1
- Ground 2
- Disposal
- The School’s arguments
- Ground 1
- Ground 2
- Conclusions
- Ground 2
- Conclusions