BJV & Anor v Responsible Body of the Nightingale Primary School

Facts

BJV and CKW brought claims under the Equality Act 2010 on behalf of their son DLX, a pupil at Nightingale Primary School who has Autism Spectrum Disorder, against the school's Responsible Body. The claims, as identified by Judge Dow in case management directions, concerned discrimination arising from disability under section 15 of the Equality Act 2010, reasonable adjustments under sections 20 and 21 of the Equality Act 2010 and victimisation under section 27 of the Equality Act 2010. They arose from the way DLX was interviewed about an allegation that he was being bullied by two pupils in his class, the school's use of a fire alarm bell to mark the start and end of the school day from September 2022 which caused him distress because of his sensitivity to sound, the school allegedly preventing him from playing with a friend, Child G, in October 2022 in response to the parents' complaint, and the absence of a suitably trained adult to support him at unstructured times. The First-tier Tribunal (Health, Education and Social Care Chamber), comprising Judge S Knapp and Tribunal Members Mr Aziz and Ms Doves, dismissed the claims on 1 November 2023. The case was lodged in the Upper Tribunal in April 2024 and limited permission to appeal was given after an oral hearing.