RD and GD v The Proprietor of Horizon Primary (Responsible Body) (SEN): [2020] UKUT 278 (AAC)
Upper Tribunal Administrative Appeals Chamber decision of Judge Lane on 30 September 2020.
Read the full decision in .
Judicial Summary
Registration procedure for disability discrimination claims –refusal to register part of a claim as ‘time barred’ in plainly disputed issue – ignorance or oversight of relevant law (Equality Act 2010, Schedule 17, paras 4(5)(b) (conduct extending over a period) and 4(3) (discretion to extend time) – refusal tantamount to striking out without protection of relevant Procedure Rules – decision made unilaterally by judge without argument – requirement to exercise a statutory discretion conscioiusly - lay appellant – standard paragraphs in information in Directions both misleading and in regrettably small print – was unfairness at interlocutory stage made good by F-tT at the hearing?
Discrimination arising from disability (s. 15) – more than one cause – when is a cause operative – more than trivial – structured approach to findings on proportionality – materiality.
Reasonable adjustments (s20 – 21) – need for structured approach – failure to find a PCP or a comparator – claim should have failed in limine
Extent of interaction of Children and Families Act 2014 duties and Equality Act 2010 duties. F-T v The Governors of Hampton Dene Primary School (SEN) [2016] UKUT 468 (AAC) distinguished and disapproved.