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The decision of the Upper Tribunal is to ALLOW the appeal
The decision of the Upper Tribunal is to ALLOW the appeal.
The decision of the First-tier Tribunal, taken on 3 May 2023 under case reference EH 810/22/00037, involved the making of an error on a point of law. Under section 12(2)(a) of the Tribunals, Courts and Enforcement Act 2007, the Upper Tribunal sets aside the First-tier Tribunal’s decision. Under section 12(2)(b)(i) of the 2007 Act, the Upper Tribunal remits this case to the First-tier Tribunal for reconsideration in accordance with the following directions:
The First-tier Tribunal is to re-decide the Appellant’s claims that Kingston Grammar School discriminated against her children (referred to in these reasons as S and D) contrary to the Equality Act 2020.
- 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