Section E is about disabled children. E3 addresses education
Section E is about disabled children. E3 addresses education:
“Examples of children in an educational setting where their impairment has a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities:
…A 14-year-old boy has been diagnosed as having attention deficit hyperactivity disorder (ADHD). He often finds it difficult to concentrate and skips from task to task forgetting instructions. Either of these factors has a substantial adverse effect on his ability to participate in class and join in team games in the playground.”
The Appendix contains “an illustrative and non-exhaustive list of factors which, if they are experienced by a person, it would be reasonable to regard as having a substantial adverse effect on normal day-to-day activities”. The list includes:
“difficulty waiting or queuing, for example, because of a lack of understanding of the concept”;
“difficulty understanding or following simple verbal instructions”;
“persistent and significant difficulty in reading or understanding written material where this is in the person’s native written language, for example because of a mental impairment, or learning disability…”;
“persistently wanting to avoid people or significant difficulty taking part in normal social interaction or forming social relationships, for example because of a mental health condition or disorder”;
“persistent distractibility or difficulty concentrating”;
“compulsive activities or behaviour, or difficulty in adapting after a reasonable period to minor changes in a routine”.
- 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
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