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Disposal
Disposal
The Appellant submits that, if this appeal succeeds, the Upper Tribunal should re-make the First-tier Tribunal’s decision rather than remit this case to that tribunal for redetermination.
- 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