Legal action
Protecting the right to education for children in independent schools
Published: 20 August 2019
Last updated: 29 September 2021
What countries does this apply to?
Case details
| Protected Characteristic | Disability |
|---|---|
| Types of equality claim | Discrimination arising from disability |
| Court or tribunal | Upper Tribunal (Admin Appeals Chamber) |
| Decision has to be followed in | England, Scotland, Wales |
| Law applies in | England, Scotland, Wales |
| Case state | Concluded |
| Our involvement | Legal assistance (section 28 of the Equality Act 2006) |
| Outcome | Judgment |
| Areas of life | Education |
| Human Rights law | Protocol 1, Article 2: Right to education |
| Website | Read our press release about the outcome |
Case name: 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.
Legal issue
Can orders by the FTT be enforced against independent schools?
Why we were involved
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.
What we did
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.
What happened
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.
Who will benefit
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.
Date of hearing
Date concluded
Page updates
Published:
20 August 2019
Last updated:
29 September 2021
