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09 OCT 2012

ML v Tonbridge Grammar School [2012] UKUT 283 (AAC) (2012) PLLR 127

Maintained schools - academies - conversion - Education Act 2002 - Academies Act 2010 - Disability Discrimination Act 1995 - Equality Act 2010 - continuation of claim - remedies - article 6 European Convention on Human Rights

Where a maintained school is converted into an academy during proceedings brought against it under the Disability Discrimination Act 1995 or Equality Act 2010, the claim continues against the local authority which formerly maintained the school. It was open to the academy to remain as a party to the proceedings, and this would often be in the public interest.

1 August 2012

Upper Tribunal (Administrative Appeals Chamber)

Upper Tribunal Judge Rowland

(1)        The claimants (ML and SB) had been in the process of pursuing claims under the Disability Discrimination Act 1995 and Equality Act 2010 against maintained schools, when they were converted in academies. The schools argued that any claim now lay with the local authority they had previously been maintained by. ML and SB argued that this would not provide a sufficient remedy.

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