Upper Tribunal (Administrative Appeals Chamber)

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You are here: BAILII >> Databases >> Upper Tribunal (Administrative Appeals Chamber) >> RD and GD v The Proprietor of Horizon Primary (Responsible Body) (SEN) (Disability discrimination in schools, Equality Act, Tribunal membership and procedure and practice) [2020] UKUT 278 (AAC) (30 September 2020)
URL: http://www.bailii.org/uk/cases/UKUT/AAC/2020/278.html
Cite as: [2020] UKUT 278 (AAC)

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RD and GD v The Proprietor of Horizon Primary (Responsible Body) (SEN) (#) [2020] UKUT 278 (AAC) (30 September 2020)

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.

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