K v The School & Anor [2007] EWCA Civ 165 (06 March 2007)

K v The School & Anor [2007] EWCA Civ 165 (06 March 2007)

The school's refusal to clean and change A after bowel accidents did not constitute unlawful discrimination under DDA 1995 because such care was not an 'education or associated service' within the meaning of the Act, and even if it were, the refusal was justified on health and safety grounds. The responsibility for providing additional facilities or support lay with the LEA via amendment of the SSEN, not with the school directly. The school took reasonable steps by seeking LEA assistance and was justified in instructing staff not to lift A after a serious injury and health and safety advice.

Citation
[2007] EWCA Civ 165
Parties
Appellant: Ms 'K'; 1st Respondent: The School; 2nd Respondent: The Special Needs & Disability Tribunal
Jurisdiction
England and Wales
Judgment Date
06 March 2007
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From Qbd, Administrative Court
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination in Education, Special Educational Needs (sen), Reasonable Adjustments, Health and Safety in Schools, Justification Defence, Comparators in Discrimination Law
Education Law Disability Discrimination Administrative Law Disability Discrimination in Education Special Educational Needs (sen) Reasonable Adjustments Health and Safety in Schools Justification Defence +1 more

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Parties

Ms 'K'

Appellant

The School

1st Respondent

The Special Needs & Disability Tribunal

2nd Respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From Qbd, Administrative Court

Legal Issues

  1. 1 Whether the refusal by the school to clean and change a severely disabled pupil after a bowel accident constituted unlawful discrimination under the Disability Discrimination Act 1995 (DDA 1995)
  2. 2 Whether such cleaning and changing was an 'education or associated service' under DDA 1995
  3. 3 Whether the school's actions were justified on health and safety grounds

Ratio Decidendi

The school's refusal to clean and change A after bowel accidents did not constitute unlawful discrimination under DDA 1995 because such care was not an 'education or associated service' within the meaning of the Act, and even if it were, the refusal was justified on health and safety grounds. The responsibility for providing additional facilities or support lay with the LEA via amendment of the SSEN, not with the school directly. The school took reasonable steps by seeking LEA assistance and was justified in instructing staff not to lift A after a serious injury and health and safety advice.

Court Disposition

Appeal dismissed