Mr and Mrs X (parents) v The Proprietor of Woodcote High School, now ‘The Collegiate Trust’ (the Responsible Body)
[2024] UKUT 150 (AAC)
GP v The Lime Trust
23 March 2023
[2023] UKUT 77 (AAC)
Upper Tribunal
A mom sued a school for not helping her disabled son during lockdown. The court said the school didn't break the law because the specific rules about helping disabled kids didn't require them to consider broader equality rules in this case. The mom could have sued them about the broader rules separately, but didn't.
Key Facts
- •GP appealed a First-tier Tribunal decision dismissing her disability discrimination claim against The Lime Trust (school proprietor) regarding her son's education during the COVID-19 lockdown.
- •The claim alleged discrimination under sections 15 and 85(2) of the Equality Act 2010 (lack of education/access) and failure to make reasonable adjustments (sections 20, 21, 85(6)).
- •The school stated it could no longer meet the child's needs due to challenging behavior and the pandemic.
- •The son did not return to school when it partially reopened, and the claim focused on the lack of remote learning and in-person access.
- •The appeal focused solely on whether the First-tier Tribunal erred in its application of the public sector equality duty (section 149).
Legal Principles
Discrimination arising from disability
Equality Act 2010, section 15
Duty to make reasonable adjustments for disabled persons
Equality Act 2010, sections 20, 21
Prohibition of discrimination in education
Equality Act 2010, section 85
Public Sector Equality Duty
Equality Act 2010, section 149
Jurisdiction of the First-tier Tribunal and the scope of claims under the Equality Act
Equality Act 2010, sections 113, 116, Schedule 17
Outcomes
Appeal dismissed.
The Upper Tribunal held that the First-tier Tribunal was not required to consider the public sector equality duty (section 149) when determining the disability discrimination claim. Section 113(1) of the Equality Act dictates that proceedings relating to a contravention of the Act must be brought in accordance with Part 9, which doesn't include section 149 claims within the First-tier Tribunal's jurisdiction. Such claims must be brought via judicial review. The Tribunal's consideration of section 149 was therefore irrelevant to the disability discrimination claim.