The Governing Body of a School v M (on behalf of C) (SEN): [2026] UKUT 161 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 24 April 2026.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 6 May 2026

• Categories: Disability discrimination in schools and Tribunal procedure and practice
• Sub-categories: Tribunal procedure and practice - tribunal jurisdiction
• Judges: Wikeley, N
• Decision date: 24 April 2026

Read the full decision in UA-2025-001540-HS.

Judicial Summary

The Respondent (M) brought a claim for disability discrimination in respect of the Appellant’s (the Governing Body’s) decision permanently to exclude her son (C). Such claims are subject to a 6-month time limit (Equality Act 2010, Schedule 17, paragraph 4(1)). This claim was out of time by some 7 weeks. However, Schedule 17 paragraph 4(3) provides that the FTT “may consider a claim which is out of time”. The Upper Tribunal dismissed the Governing Body’s appeal against the FTT decision to consider the claim under paragraph 4(3).

Published 6 May 2026