Camau cyfreithiol
Protecting the right to education for children in independent schools
Wedi ei gyhoeddi: 20 Awst 2019
Diweddarwyd diwethaf: 29 Medi 2021
I ba wledydd mae hyn yn berthnasol?
Manylion yr achos
| Nodwedd warchodedig | Anabledd |
|---|---|
| Mathau o hawliadau cydraddoldeb | Gwahaniaethu yn deillio o anabledd |
| Llys neu dribiwnlys | Uwch Dribiwnlys (Siambr Apeliadau Gweinyddol) |
| Rhaid dilyn y penderfyniad i mewn | Lloegr, Alban, Cymru |
| Mae'r gyfraith yn berthnasol i | Lloegr, Alban, Cymru |
| Cyflwr yr achos | Wedi gorffen |
| Ein cyfranogiad | Cymorth cyfreithiol (adran 28 o Ddeddf Cydraddoldeb 2006) |
| Canlyniad | Barn |
| Meysydd o fywyd | Addysg |
| Gyfraith Hawliau Dynol | Protocol 1, Erthygl 2: Hawl i addysg |
| Website | Read our press release about the outcome |
Enw achos: P v Ashdown House School
The parents of a pupil living with ADHD and sensory processing difficulties have won a case against their child’s independent prep school, Ashdown House, for an unlawful discriminatory exclusion.
The pupil, who has been granted anonymity and is known as ‘Bobby’, has been readmitted, provided with extra tuition and given a full apology.
The family had earlier won a first tier tribunal decision against the school that the exclusion of their child for his behaviour was discriminatory.
Following the finding by the First Tier Tribunal (FTT) that the exclusion of a disabled pupil was discriminatory, the school then launched an appealed, arguing that FTT orders were not enforceable.
Mater cyfreithiol
Can orders by the FTT be enforced against independent schools?
Pam roedden ni'n cymryd rhan
This case fell within our work to ensure the education system promotes good relations with others and respect for equality and human rights. We were concerned that the school, and other independent schools, would not be obliged to follow the ruling of the FTT and saw it as necessary to be involved in order to clarify the law.
Beth wnaethom ni
We provided legal assistance by way of funding, to allow the external solicitor and counsel to make representations at the oral permission hearing in an Upper Tribunal. We wanted to clarify whether orders by the First Tier Tribunal can be enforced against independent schools.
Beth ddigwyddodd
The school lost its appeal and is now making arrangements to fully meet the order, including for the pupil’s return to school.
The pupil will now be readmitted, provided with extra tuition and given a full apology.
Pwy fydd yn elwa
Every child has the right to an education in an environment which meets their needs, without fear of discrimination.
As an Upper Tribunal decision, this case sets a precedent and confirms the wide powers available to the First Tier Tribunal to make orders under the Equality Act.
Dyddiad y gwrandawiad
Dyddiad dod i ben
Diweddariadau tudalennau
Cyhoeddwyd
20 Awst 2019
Diweddarwyd diwethaf
29 Medi 2021
