DB v Academy Transformation Trust

DB v Academy Transformation Trust

Permission to appeal is refused because the First-tier Tribunal does not have power under its procedural rules to stay or suspend the effect of a school’s permanent exclusion decision pending determination of a disability discrimination claim; the rules only permit staying proceedings before the tribunal itself.

Parties
Applicant: DB; Respondent: Academy Transformation Trust
Jurisdiction
England and Wales
Judgment Date
03 March 2022
Procedural Posture
Application for Permission to Appeal / Determination After Oral Hearing
Outcome
Permission to appeal refused
Legal Topics
Permanent Exclusion, Disability Discrimination, Interim Relief, Stay of Proceedings, Tribunal Powers
Education Law Disability Discrimination Tribunal Procedure Permanent Exclusion Interim Relief Stay of Proceedings Tribunal Powers

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Parties

DB

Applicant

Academy Transformation Trust

Respondent

Procedural Posture

Application for Permission to Appeal / Determination After Oral Hearing

Legal Issues

  1. 1 Whether the First-tier Tribunal has power to stay the effect of a school’s permanent exclusion decision pending determination of a disability discrimination claim
  2. 2 Interpretation of rule 5(3)(j) of the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008
  3. 3 Application of section 3 of the Human Rights Act 1998 to tribunal procedure rules

Ratio Decidendi

Permission to appeal is refused because the First-tier Tribunal does not have power under its procedural rules to stay or suspend the effect of a school’s permanent exclusion decision pending determination of a disability discrimination claim; the rules only permit staying proceedings before the tribunal itself.

Court Disposition

Permission to appeal refused

Orders

  • Anonymity order prohibiting disclosure or publication likely to identify the child in proceedings