SS v Proprietor of an Independent School
| Jurisdiction | UK Non-devolved |
| Judge | Judge Stout |
| Neutral Citation | [2024] UKUT 29 (AAC) |
| Published date | 14 March 2024 |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
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SS v Proprietor of an Independent School [2024] UKUT 29 (AAC)
IN THE UPPER TRIBUNAL Appeal No. UA-2023-000387-HS
ADMINISTRATIVE APPEALS CHAMBER
On appeal from the First-tier Tribunal (Health, Education and Social Care Chamber)
(Special Educational Needs)
Between: SS Appellant
- v -
Proprietor of an Independent School Respondent
Before: Upper Tribunal Judge Stout
Decision date: 31 January 2024
Decided on consideration of the papers
Representation:
Appellant: Alice de Coverley (counsel, instructed by Russell Cooke Solicitors)
Respondent: John Friel (counsel, instructed by DAC Beachcroft)
DECISION
The decision of the Upper Tribunal is to allow the appeal.
The decision of the First-tier Tribunal made on 26 October 2022 under number
EH936/22/00230 was made in part in error of law.
(a) The claim under s 15 and 85(2) of the Equality Act 2010 relating to S’s
permanent exclusion;
Case no: UA-2023-000387-HS
SS v Proprietor of an Independent School [2024] UKUT 29 (AAC)
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(b) The claim under s 15 and 85(2) of the Equality Act 2010 relating to an
additional session with the therapy dog;
(c) The claims under s 20, 21 and 85(6) of the Equality Act 2010 relating to:
(i) The claim concerning staff training dealt with at [66]-[67] of the First-tier
Tribunal’s decision;
(ii) The claim concerning a positive behaviour plan dealt with at [69] of the
First-tier Tribunal’s decision;
(iii) The claim concerning the provision of 1:1 teaching assistant support
dealt with at [70] of the First-tier Tribunal’s decision; and,
(iv) The claim concerning support for S's social, emotional and mental health
needs dealt with at [72] of the First-tier Tribunal’s decision.
I remit those parts of the case to be reconsidered by a fresh tribunal.
I direct that the file be placed before a salaried judge of the First-tier Tribunal (Health,
Education and Social Care Chamber) (Special Educational Needs) for case
management directions to be given.
RULE 14 ORDER
THE UPPER TRIBUNAL ORDERS that, save with the permission of this Tribunal:
No one shall publish or reveal the name or address of any of the following:
(a) S, who is the child involved in these proceedings;
(b) any of the other children mentioned in the evidence or argument;
or any information that would be likely to lead to the identification of any of them
or any member of their families in connection with these proceedings (including
the name of the school).
Any breach of this order is liable to be treated as a contempt of court and may
be punishable by imprisonment, fine or other sanctions under section 25 of the
Tribunals, Courts and Enforcement Act 2007. The maximum punishment that
may be imposed is a sentence of two years’ imprisonment or an unlimited fine.
REASONS FOR DECISION
Summary of this decision
1. The appellants’ appeal to the Upper Tribunal succeeds. The decision of the First-
tier Tribunal involves legal errors in relation to the claims identified above. The
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