The child was subject to the school eventually declined to clean and change him. The mother claimed that the school was discriminating.
Held: The mother had understated the frequency of the bowel accidents. The school was not properly equipped to deal with them. The school head concluded that it could not sustain the placement out of health and safety. K’s helper had already suffered injury lifting K. The school had taken reasonable steps to accommodate K, and had failed. They had satisfied their stautory duty.
Judges:
Auld LJ, Wall LJ, Hallett LJ
Citations:
[2007] EWCA Civ 165, Times 11-Apr-2007
Links:
Statutes:
Disability Discrimination Act 1995 28A 28B 28C, Special Educational Needs and Disability Act 2001 11 12 13, Education (SEN) (England) (Consolidation) Regulations 2001
Jurisdiction:
England and Wales
Citing:
Cited – Bromley London Borough Council v Special Educational Needs Tribunal and Others CA 26-May-1999
The needs of a child, as to educational and non-educational overlapped, and accordingly, it was within the discretion of the Special Needs Tribunal to include among the educational needs of a child others within that overlap. Physiological, . .
Cited – W v Leeds City Council and SENDIST CA 29-Jul-2005
The court recognised a distinction between educational and non-educational provision as it affected a statement of special educational needs. Judge LJ: ‘Consistent with the relevant statutory provision, Part 3 of the Statement must make provision . .
Cited – AB X and Y, Regina (on the Application of) v East Sussex County Council and Another Admn 18-Feb-2003
The physical and psychological integrity which the state may in principle be under an obligation to take positive steps to protect under Article 8 included two particularly important concepts. The first was human dignity, the second was the right of . .
Cited – VK v Norfolk County Council and Another Admn 17-Dec-2004
When recording the facts, a tribunal should be careful not simply to repeat the evidence heard without making clear which evidence had been accepted and which not. . .
Cited – Collins v Royal National Theatre Board Limited CA 17-Feb-2004
Can an employer’s failure to make adjustments to accommodate a disabled employee be unreasonable but justified?
Held: The justification under 5(2)(b) must be something other than the circumstances which are taken into account for the purpose . .
Cited – McAuley Catholic High School v CC, PC and another Admn 11-Dec-2003
. .
Cited – Royal National Theatre Board Ltd v Collins EAT 29-Apr-2003
Appeal against finding of unfair dismissal and disability discrimination. . .
Lists of cited by and citing cases may be incomplete.
Education, Discrimination
Updated: 04 November 2022; Ref: scu.249863
