Disability discrimination in schools

Our education law solicitors and barristers support schools through every stage of disability discrimination claims, from initial response to tribunal hearings and appeals.

Receiving a disability discrimination claim can be unsettling. These claims involve complex law, take time and resources, and carry financial and reputational risk. Our practical approach reduces risk and protects your reputation while you focus on education.

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Barristers

How we support you

Education law specialists: As one of the largest education teams in the country, we understand the pressures you face, the regulatory framework you operate within, and the reputational sensitivities at stake.

In-house advocacy: Unlike many firms, our barristers work directly with our solicitors on your case, providing seamless representation without the need to instruct external counsel.

Proactive risk management: We don't just defend claims – we review your policies and recommend practical changes to reduce future claims.

Senior leader understanding: We know how busy senior leaders, governors and trustees are. We take the stress and workload off you, focusing on reducing risk and protecting your reputation allowing you to concentrate on running your school.

Our comprehensive service

Initial response and assessment: We liaise with your insurers/the RPA, advise on limitation and procedural matters, evaluate the strength of the claim and likelihood of success, review your documentation, and draft your response.

Case preparation: We correspond with the Tribunal and Claimant on your behalf, manage tribunal applications for case directions and evidence requirements, prepare witness statements, and file bundles with the Tribunal.

Resolution strategy: We explore settlement opportunities and mediation where appropriate, provide cost-benefit analysis of defence vs settlement, and negotiate on your behalf.

Hearing preparation and advocacy: We prepare witnesses through practice sessions with our barristers, advise on witness preparation, and advocate at Case Management Direction Hearings and Final Hearings.

Post-hearing and prevention: We advise on outcomes and appeals, help with costs recovery where appropriate, deliver staff training and recommend policy improvements to prevent future claims.

Upper Tribunal appeal success

We successfully defended a claim against a special school in a multi-academy trust, initially losing on one of six heads of claim relating to pupil transition. We successfully appealed to the Upper Tribunal, arguing the First-tier Tribunal had misapplied the Equality Act 2010.

The Upper Tribunal allowed our appeal, establishing important precedent that reasonable adjustment claims concern disadvantage to disabled pupils generally rather than individual pupils. Following a rehearing, the remaining claim was dismissed entirely, vindicating the trust's position entirely.

Independent school success

We advised an independent fee-paying school on a disability discrimination claim where the parent wanted her children reinstated. The litigation followed the school’s decision to terminate a contract due to unreasonable conduct. After advising on numerous applications, delays and an appeal, the tribunal struck out the claim at the final hearing following our legal arguments.

Expedited exclusion claims

We advised on an expedited claim following a school’s decision to permanently exclude a child. Through thorough witness preparation and compelling evidence, the tribunal ruled that the school's exclusion decision was justified and proportionate.

Early settlement success

We advised on a complex claim with ten grounds and over 1,200 pages of evidence. After assessing the risks and resources required to defend, we negotiated a favourable settlement that minimised costs and reputational impact.

Philip Wood

Partner

Alice Wheatley

Associate

Joanna Goddard

Legal Director

Barristers

Equality Act support for schools

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Disability discrimination in schools

How we support you

Our comprehensive service

Featured experience

Upper Tribunal appeal success

Independent school success

Expedited exclusion claims

Early settlement success

Key contacts

Philip Wood

Partner

Alice Wheatley

Associate

Joanna Goddard

Legal Director

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