X Endowed Primary School v Special Educational Needs and Disability Tribunal & Ors

(Transcript of the Handed Down Judgment of WordWave International Limited A Merrill Communications Company 165 Fleet Street, London EC4A 2DY Tel No: 020 7404 1400, Fax No: 020 7404 1424 Official Shorthand Writers to the Court)

Oliver Hyams (instructed by Ms. Suzy Edge, Acting Head of Legal Services, Cambridgeshire County Council) for the Appellant The First Respondent was not present or represented Robin Allen QC and Ed Williams (instructed by Ms. Zem Rodaway of the Equalities and Human Rights Commission) for the Second Respondent David Wolfe and Helen Mountfield (instructed by Clifford Chance) for the Third Respondent Hearing date: 18th May 2009 ____________________

(1) The Tribunal found that JT is a person who has a disability within s.1 of the 1995 Act in that he has a mental impairment that has a substantial and long term adverse effect on his ability to carry out normal day-to-day activities. He has a diagnosis of ADHD. His other difficulties were listed as dysgraphia, poor attention, poor concentration, poor social skills and poor self-esteem.

(2) The unfavourable treatment alleged consisted of both internal and external exclusion, matters within the scope of the statutory duties of bodies responsible for disability discrimination in respect of education and associated services.

(3) The Tribunal considered whether the treatment was for a reason related to JT's disability. With regard to all the matters complained of except one, the Tribunal concluded either that the treatment was not for a reason related to his disability or that it was not an exclusion but a decision by Mr. and Mrs. T to withdraw JT. However, with regard to the exclusion on the 6 th November 2007 the Tribunal concluded: