T, R (on the application of) v OL Primary School & Anor

T, R (on the application of) v OL Primary School & Anor

The Tribunal did not err in law in finding that the school's fixed term exclusions of R were justified on health and safety and discipline grounds, and that reasonable adjustments had been made; the sequence in which justification and reasonable adjustments were considered was lawful; and there was no substance in any of the grounds of appeal.

Parties
Claimant: T (on behalf of R); First Defendant: Governing Body of OL Primary School; Second Defendant: Special Educational Needs and Disability Tribunal
Jurisdiction
England and Wales
Judgment Date
18 April 2005
Procedural Posture
Statutory Appeal (section 11, Tribunals and Inquiries Act 1992) / Judgment on Appeal From Tribunal
Outcome
Appeal dismissed
Legal Topics
Exclusion of Disabled Pupils, Reasonable Adjustments, Justification for Less Favourable Treatment, Costs Orders in Statutory Appeals
Education Law Disability Discrimination Exclusion of Disabled Pupils Reasonable Adjustments Justification for Less Favourable Treatment Costs Orders in Statutory Appeals

Case Brief

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Parties

T (on behalf of R)

Claimant

Governing Body of OL Primary School

First Defendant

Special Educational Needs and Disability Tribunal

Second Defendant

Procedural Posture

Statutory Appeal (section 11, Tribunals and Inquiries Act 1992) / Judgment on Appeal From Tribunal

Legal Issues

  1. 1 Whether the fixed term exclusions of a disabled pupil constituted unlawful discrimination under the Disability Discrimination Act 1995 (as amended)
  2. 2 Whether the school made reasonable adjustments as required by law
  3. 3 Whether the Tribunal erred in law in its approach to justification and reasonable adjustments

Ratio Decidendi

The Tribunal did not err in law in finding that the school's fixed term exclusions of R were justified on health and safety and discipline grounds, and that reasonable adjustments had been made; the sequence in which justification and reasonable adjustments were considered was lawful; and there was no substance in any of the grounds of appeal.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay first respondent's costs after 13th April 2005 in any event
  • Appellant to pay first respondent's costs up to and including 13th April 2005, subject to liberty to apply within 14 days to establish protection under Legal Services Commission funding