D v Bedfordshire County Council & Anor [2008] EWHC 2664 (Admin) (04 November 2008)

D v Bedfordshire County Council & Anor [2008] EWHC 2664 (Admin) (04 November 2008)

The Tribunal erred in law in concluding that the requested adjustment to school transport was an 'auxiliary aid or service' and thus excluded from the reasonable adjustments duty. The adjustment sought was an alteration to the time of transport, not the provision of an additional service. The Tribunal's approach to...

Source-derived case information.

Citation
[2008] EWHC 2664 (Admin)
Parties
Appellant: D; First Respondent: Bedfordshire County Council; Second Respondent: Special Educational Needs and Disability Tribunal
Jurisdiction
England and Wales
Judgment Date
04 November 2008
Procedural Posture
Statutory Appeal (disability Discrimination in Education) / High Court Appeal From Tribunal
Outcome
Appeal allowed; matter remitted to Tribunal for reconsideration
Legal Topics
Reasonable Adjustments for Disabled Pupils, Auxiliary Aids and Services, Justification for Failure to Adjust, Statutory Duties of Local Education Authorities, Interpretation of Education Act 1996 and Disability Discrimination Act 1995
Education Law Disability Discrimination Law Administrative Law Reasonable Adjustments for Disabled Pupils Auxiliary Aids and Services Justification for Failure to Adjust Statutory Duties of Local Education Authorities Interpretation of Education Act 1996 and Disability Discrimination Act 1995

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Parties

D

Appellant

Bedfordshire County Council

First Respondent

Special Educational Needs and Disability Tribunal

Second Respondent

Procedural Posture

Statutory Appeal (disability Discrimination in Education) / High Court Appeal From Tribunal

Legal Issues

  1. 1 Whether the refusal to adjust school transport arrangements for a disabled pupil to attend after-school activities constitutes unlawful disability discrimination
  2. 2 Whether the requested adjustment is an 'auxiliary aid or service' excluded from the reasonable adjustments duty
  3. 3 Whether the refusal was justified under the statutory scheme

Ratio Decidendi

The Tribunal erred in law in concluding that the requested adjustment to school transport was an 'auxiliary aid or service' and thus excluded from the reasonable adjustments duty. The adjustment sought was an alteration to the time of transport, not the provision of an additional service. The Tribunal's approach to justification was also flawed, as it relied too heavily on general policy considerations without adequate case-specific analysis. The matter must be remitted for reconsideration.

Court Disposition

Appeal allowed; matter remitted to Tribunal for reconsideration

Orders

  • Tribunal's decision set aside
  • Case remitted to Tribunal for reconsideration in accordance with the High Court's judgment