C v Governing Body of I School (SEN) (Disability discrimination in schools : All)

What I have to decide in determining this appeal is whether, in her appeal to the Upper Tribunal, Mrs K has identified any material error of law in the Tribunal�s determination.

In legal terms, this case raises questions about whether and how (a) the non-compliance by a school with its statutory duty to make reasonable adjustments in the educational service provision for a disabled pupil can mean (b) the school has breached the statutory prohibition on discrimination by excluding the pupil from the school . It raises questions about reasonable adjustments discrimination and unfavourable treatment discrimination , and it involves the legal consequences of there being not only a protected disability but also an excluded condition .

I will start by saying what I mean by the language and phrases I am using in this determination, including those I have underlined in the previous paragraph. In explaining what words and phrases mean, I will also map out where the legal concepts are to be found in the statutory landscape, some of which statutory provisions have been mentioned already. Before turning to the terminology, I will identify here how I will be naming three previous cases to which I will refer:

9.1 By the � X School Case� I mean Governing Body of X Endowed Primary School v Special Educational Needs and Disability Tribunal [2009] EWHC 1842 (Admin) [2009] IRLR 1007 (High Court, Lloyd Jones J, 23 July 2009).

9.2 By the � P Case� I mean P v Governing Body of A Primary School [2013] UKUT 154 (AAC) (Upper Tribunal, Judge David Williams 25 March 2013).