M v Proprietor of An Academy

Facts

The appellant, M, a young person represented by his parent, was a Year 11 pupil at an academy school. His attendance was minimal: in the academic year from September 2023 he attended for only 17 sessions, or 8.5 days, three of which fell during his GCSE examinations in May and June 2024. On 18 November 2024 he lodged a claim of disability discrimination against the school with the First-tier Tribunal (Special Educational Needs and Disability), giving 3 June 2024 as the date of the most recent incident. On registration, Judge Brandon identified complaints of unfavourable treatment (suspensions, a permanent exclusion and "countless detentions and isolations") and complaints of failure to make reasonable adjustments, one of which expressly included requiring M to complete exams without adjustments. By an order of 27 January 2025, Judge Lom struck out five claims as out of time and directed further particulars of the remainder. Following a telephone case management hearing on 23 April 2025, Judge Lom on 7 May 2025 refused to revisit the earlier strike-out and struck out the remaining claims as having no reasonable prospect of success. The First-tier Tribunal refused permission to appeal on 10 September 2025; the appeal was lodged with the Upper Tribunal on 16 September 2025, and permission was granted on one ground after an oral hearing on 20 January 2026.