The Governing Body of School T v AA and RA
| Jurisdiction | UK Non-devolved |
| Judge | Judge Freer |
| Neutral Citation | [2023] UKUT 311 (AAC) |
| Published date | 29 February 2024 |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
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The Governing Body of School T -v- AA & RA
[2023] UKUT 311 (AAC)
IN THE UPPER TRIBUNAL Appeal No. UA-2022-001519-HS
ADMINISTRATIVE APPEALS CHAMBER
On appeal from First-tier Tribunal (Health, Education and Social Care Chamber)
Between: The Governing Body of School T
(Responsible Body)
Appellant
- v –
AA and RA Respondents
Before: Upper Tribunal Judge Freer
Decision date: 28 November 2023
Deciding after an oral hearing on 30 August 2023
Representation:
Appellant: Mr A Line, Counsel
Respondents: AA in person
ORDER
The Upper Tribunal orders that there is to be no publication of any matter likely to lead
members of the public directly or indirectly to identify any person who has been
involved in the circumstances giving rise to this appeal, pursuant to rule 14 of the
Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698).
DECISION
The decision of the Upper Tribunal is to allow the appeal. The decision of the First-
tier Tribunal made on 22 June 2022 under number EH301/21/00046 was made in error
of law. Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act
2007 I set that decision aside and remit the matter in accordance with the following
directions on the issue of whether to exercise discretion to consider a claim that is out
of time and if so, also the issue of objective proportionality pursuant to section 15(1)(b)
of the Equality Act 2010, to be reconsidered by an identically constituted panel, unless
that panel cannot be reconstituted within a reasonable time or at all, in which case a
wholly different panel shall be constituted to consider the remitted issues afresh.
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