Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Disability definition

What does Disability mean? In legal practice, disability describes a physical or mental impairment that affects normal day‑to‑day activities and, if statutory tests are met, triggers equality law protections and duties in employment, services, housing and education. England, Wales and Scotland: Defined by section 6(1) Equality Act 2010 as an impairment with a substantial (more than minor or trivial) and long‑term (12 months+, likely to last/return) adverse effect on normal day‑to‑day activities, with detail in Schedule 1 and statutory guidance. Tribunals determine status case by case, using medical and occupational evidence. Certain conditions (including cancer, HIV and multiple sclerosis) are deemed disabilities from diagnosis. Northern...

SENDIST (England): EHCP and Disability Discrimination Appeals—Jurisdiction, Procedure, Evidence, Timetables, Mediation, Witnesses, Costs, Routes of Appeal and Health/Social Care Recommendations

Published by a LexisNexis Local Government expert

Practice notes

What is the ?

The forms part of the First Tier Tribunal (FTT) within the Health, Education and Social Care Chamber (the Tribunal). Decisions of the FTT can be Appealed to the Upper Tribunal (UT). The FTT considers appeals concerning children and young people with special educational needs (SEN), as well as Disability discrimination claims relating to schools and local authorities (LAs), including exclusions from school.

How is a panel constituted?

FTT panels are generally constituted of three members, though two-member panels are increasingly common. The panel is always chaired by a legally qualified member, while the others have substantial experience of SEN and disability matters. The UT consists of a single legally qualified member.

When can an appeal be made to the First Tier Tribunal?

All parents/guardians and young people have a right to appeal to the FTT:

against any amendment to an education, health and care plan (EHCP)
against a decision to cease to maintain an EHCP; under section 45 of the Children and Families Act 2014 (CFA 2014) the test is whether an EHCP is ‘no longer necessary’
against a decision refusing to conduct...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Shazia Akhtar

Gatehouse Chambers

Shazia practises in public and administrative law - including education law, discrimination, community care, and human rights. She undertakes work for individuals, the OS and local authorities in the Court of Protection (both property and affairs and health and welfare). Her practice also includes commercial work such as contractual disputes, property disputes relating to academies, advising on pensions in the context of local government, judicially reviewing decisions of the Financial Conduct Authority and procurement matters, particularly in relation to public authorities. She has a diverse practice, acting for local authorities; public bodies; NGOs; commercial organisations and individuals. She is ranked as a leading junior by the Legal 500 and Chambers and Partners. Shazia is also a qualified mediator (ADR Group).Where appropriate Shazia is happy to receive instructions on a direct access basis.Shazia is Consultant Editor of Halsbury’s Laws of England, Education (Vols 35-36A) 2020....

Web page updated on 22/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...