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.