2018 Case Law Digest

Welcome to our case law digest for schools in which we review some of the key cases from 2018 impacting on schools in the areas of special educational needs and disability discrimination, judicial review and employment law.

In C & C v Governing Body of a School and others the Upper Tribunal of the Health, Education and Social Care Chamber (Special Educational Needs and Disability) considered whether a pupil with autism who has a tendency to physically abuse others arising from that condition should be protected by the Equality Act 2010.

We also review the decision of the First Tier SEND tribunal which looked at whether the rigid application of a behaviour policy to a pupil with special educational needs was a failure to make reasonable adjustments by an academy trust.

The case of Governing Body of Lark Hall Primary School v Secretary of State for Education, concerns a judicial review application by a mainstream school of the DfE's refusal to exempt its special unit pupil performance data from publication.

The High Court considered whether a community school should delay academisation just days before the expected conversion date because it may not have properly consulted on the change in the judicial review case of R (on the application of Miah) v Governing Body of Avenue Primary School.

The very interesting decision of the Supreme Court in Reilly v Sandwell Metropolitan Borough Council considers whether senior staff in schools may have an implied contractual duty to disclose relationships with sex offenders to assist the governors in their safeguarding duties.

In the case of Brazel v The Harpur Trust, EAT considered the correct calculation of holiday pay for a term time only music teacher.

And finally, the EAT's decision in Guvera v Butler and others is important for schools as it highlights the TUPE risks for a Multi Academy Trust which takes day to day control of a school before the transfer date.

Can a pupil with Autism be excluded for Aggression?

Disabled children with a tendency to abuse others physically should not fall outside the protection of discrimination legislation

The Upper Tribunal of the Health, Education and Social Care Chamber (Special Educational Needs and Disability) has ruled that a pupil with autism who has a tendency to physically abuse others arising from that condition should be protected by the Equality Act 2010.

Case details

The case of C & C v Governing Body of a School and others concerns L, an 11 year old...