Mr and Mrs ZMS v The Proprietor of a School

Facts

The appellants, Mr and Mrs ZMS, are the parents of a young boy with Autistic Spectrum Disorder and associated difficulties with communication and sensory needs. Having returned to the UK from Dubai, he joined the respondent school in Year 3 on 6 September 2023, and remained there for a single academic year; the School terminated the parental contract on 23 May 2024. The parents brought a disability discrimination claim before the Special Educational Needs and Disability Tribunal alleging discrimination on multiple grounds, of which two factual allegations remained live on appeal: that the School had decided as early as October 2023 to terminate its contract with them, and that it terminated the contract in May 2024, the latter being advanced as unfavourable treatment under section 15 of the Equality Act 2010. The claim was heard over 2.5 days and dismissed by the First-tier Tribunal in a decision dated 27 February 2025, which found that the sole reason for termination was the parents' conduct and behaviour towards the School. The First-tier Tribunal refused permission to appeal on 4 August 2025; the Upper Tribunal granted permission on 13 September 2025 on three grounds concerning the adequacy of reasons, a refusal to adjourn for a witness, and the application of section 15.