Source: All England Reporter
Publisher Citation: [2011] All ER (D) 232 (Oct)
Neutral Citation: [2011] EWCA Civ 1236
Court: Court of Appeal, Civil Division
Judge:

Mummery, Hooper and McFarlane LJJ
Representation Gregory Jones QC and Rebecca Clutten (instructed by Balsara & Co) for the claimant.
  Sam Grodzinski QC (instructed by EJ Winter & Son) for the Adjudicator.
Judgment Dates: 27 October 2011

Catchwords

Education - Special educational needs - Educational provision - Disability discrimination - Claimant suffering from narcolepsy - Claimant being unable to maintain University course - Claimant making complaint - University apologising - Claimant making complaint to Office of the Independent Adjudicator for Higher Education alleging disability discrimination - Adjudicator upholding complaint but making no explicit statement on disability discrimination - Claimant applying for judicial review - Application being refused - Claimant appealing.

The Case

Education Special educational needs. The Court of Appeal, Civil Division, in dismissing the claimant's appeal of the High Court's refusal to quash a Final Decision of the Office of the Independent Adjudicator of Higher Education that did not make a positive finding of disability discrimination in her complaint against her University, held that the OIA was not under an obligation to adjudicate issues such as whether or not there had been disability discrimination.

Practice Areas

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