Heading

IN THE UPPER TRIBUNAL Appeal No’s UA-2023-000638/639-HS
On appeal from the First-tier Tribunal (Health, Education and Social Care Chamber)
Between:
AB
Appellant
- v -
The Governing Body of Kingston Grammar School
Respondent
Before: Upper Tribunal Judge Mitchell
Hearing:
9 April 2024, Field House, central London.
Representation:
Appellant: Mr R Dunlop KC (of counsel), instructed by Middleton Law Ltd.
Respondent: Mr S Hocking (of counsel), instructed by Browne Jacobson LLP.
ORDER UNDER RULE 14 of the TRIBUNAL PROCEDURE (UPPER TRIBUNAL) RULES 2008
Under rule 14(1)(b) of the 2008 Rules, the Upper Tribunal ORDERS that no person may disclose or publish any matter likely to lead members of the public to identify the Appellant’s children as those in respect of whom the Appellant made the claims under the Equality Act 2010 that are the subject of this decision of the Upper Tribunal. In these reasons, the Appellant’s son is referred to a S and her daughter as D. This Order does not apply to the children’s parents insofar as such disclosure or publication is made in the due exercise of parental responsibility.
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
![[2024] UKUT 406 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png)