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.
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Judicial Summary
Registration procedure for disability discrimination claims 鈥搑efusal to register part of a claim as 鈥榯ime barred鈥� in plainly disputed issue 鈥� 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) 鈥� refusal tantamount to striking out without protection of relevant Procedure Rules 鈥� decision made unilaterally by judge without argument 鈥� requirement to exercise a statutory discretion conscioiusly - lay appellant 鈥� standard paragraphs in information in Directions both misleading and in regrettably small print 鈥� was unfairness at interlocutory stage made good by F-tT at the hearing?
Discrimination arising from disability (s. 15) 鈥� more than one cause 鈥� when is a cause operative 鈥� more than trivial 鈥� structured approach to findings on proportionality 鈥� materiality.
Reasonable adjustments (s20 鈥� 21) 鈥� need for structured approach 鈥� failure to find a PCP or a comparator 鈥� 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.