X v The Proprietor of Woodcote High School: [2024] UKUT 150 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge S Davies on 23 May 2024.
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Judicial Summary
This decision concerns procedural fairness when a Tribunal exercises their case management powers of consolidation under Rules 2 and 5 of Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008. The Tribunal erred when consolidating registered disability discrimination claims at the start of a final hearing. Consolidation had the effect of removing consideration of a registered claim as a standalone complaint and changing the form of discrimination complained of. Due consideration was not given to the timing and impact of those changes on unrepresented parties and whether a fair hearing could proceed in the circumstances. The case is remitted to the same Tribunal.