McA Catholic High School v CC & Ors

McA Catholic High School v CC & Ors

The Tribunal had jurisdiction as IC was not permanently excluded; the proper comparator is a pupil who is not disabled and behaves properly; the Tribunal's comments on exclusion were irrelevant to its finding; the school failed to provide reasonable pastoral support during transitions and unstructured times, constituting discrimination under the Disability Discrimination Act 1995.

Parties
Appellant: McA Catholic High School; Respondent: CC; Respondent: PC; Respondent: Special Educational Needs and Disability Tribunal
Jurisdiction
England and Wales
Judgment Date
11 December 2003
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Pastoral Support, Reasonable Adjustments, Exclusion of Disabled Pupils, Comparators in Discrimination, Tribunal Jurisdiction
Disability Discrimination Education Law Pastoral Support Reasonable Adjustments Exclusion of Disabled Pupils Comparators in Discrimination Tribunal Jurisdiction

Case Brief

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Parties

McA Catholic High School

Appellant

CC

Respondent

PC

Respondent

Special Educational Needs and Disability Tribunal

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal had jurisdiction to determine the complaint
  2. 2 Proper comparator for discrimination under Disability Discrimination Act 1995
  3. 3 Whether Tribunal's comments on exclusion affected validity of decision

Ratio Decidendi

The Tribunal had jurisdiction as IC was not permanently excluded; the proper comparator is a pupil who is not disabled and behaves properly; the Tribunal's comments on exclusion were irrelevant to its finding; the school failed to provide reasonable pastoral support during transitions and unstructured times, constituting discrimination under the Disability Discrimination Act 1995.

Court Disposition

appeal dismissed

Orders

  • School ordered to produce an action plan for autistic and communication-difficulty pupils
  • School to establish a mentoring scheme and, where possible, a buddy system for socially isolated children