SPOTLIGHT

A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

Upper Tribunal finds unlawful First Tier Tribunal rule on disability discrimination in schools cases and calculating time

The Upper Tribunal has made a finding that rule 12 (3) of the First Tier Tribunal rules (Health, Education and Social Care Chamber Rules 2008/2699) is not lawful as it seeks to extend the time limit set out in the Equality Act 2010 for bringing a claim (as set out under sch 17, para 4), it has been reported.

Louise Price of Doughty Street Chambers represented the appellant in the Upper Tribunal.

The set said: “This is a significant change for practitioners. It means that claims for disability discrimination in schools must be brought within six months of the date of the act complained of, and the days in August and the week between Christmas and New Year cannot be disregarded by the tribunal and will be included within the six month period.”