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Disability Discrimination—nursery-age child prevented from accessing provision over 15 hours (JW v Governing Body of Sinai Jewish Primary School)

Published on: 30 April 2019
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Article summary

Local government analysis: The claim before the First Tier Tribunal (FTT) included allegations that the school had discriminated by not allowing JW to—attend nursery in the afternoon, and stay for lunch. The School argued it was too expensive to employ another staff member to supervise JW for these sessions and was operating at a deficit, so could not ensure JW’s safety without additional resource. At Upper Tier Tribunal (UTT), further evidence showed the school’s deficit was less than originally presented at FTT. The UTT decided that as this was relevant to the issue of proportionality, the FTT decision that no discrimination occurred in exclusion from the afternoon sessions was wrong in law because it had been materially misled. The UTT did not uphold the appeal against the FTT decision relating to no discrimination in respect of JW not being able to stay for lunch as the school was unable to recruit a...

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