UW v Cheam Academies Network (DISABILITY DISCRIMINATION IN SCHOOLS) [2026] UKUT 53 (AAC) (04 February 2026)

Executive summary

The Upper Tribunal held that the First-tier Tribunal had made an error of law in treating the school’s behaviour policy as outside the scope of the duty to make reasonable adjustments under the Equality Act 2010, but that error was not material so the First-tier Tribunal’s decision was not set aside. It also held that the wrong respondent had initially been named, but the retrospective substitution of the multi-academy trust cured that defect and caused no material unfairness.

Key points

• Parties: UW appealed against Cheam Academies Network, the proprietor of the school’s multi-academy trust, in disability discrimination claims concerning UW’s child, C.
• Holding on jurisdiction: the duty to make reasonable adjustments can apply to a school’s behaviour policy, including sanctions and exclusions; the First-tier Tribunal was wrong to say otherwise.
• Materiality: despite that legal error, the Upper Tribunal said it was not material to the decision and did not set aside the First-tier Tribunal’s ruling.
• Respondent issue: naming the governing body instead of the trust was not a material error because the trust was retrospectively substituted under the tribunal rules.
• Procedure: the First-tier Tribunal should have used strike-out rules rather than purporting to “not admit” the claim on jurisdictional grounds.
• Sanctions/export-control angle: no sanctions or export-control issue appears in the case; the relevance is procedural and analogue, not sectoral.

Why it matters

The decision confirms that disciplinary sanctions in schools can be legally challenged through reasonable-adjustments claims, which broadens exposure for institutions applying exclusion or detention policies to disabled pupils. For risk analysis, it is a reminder that procedural missteps in identifying the respondent or framing jurisdiction can be cured, but they can also generate appeal risk and delay.

Implications

For compliance and litigation strategy, schools and academy trusts should treat behaviour-policy sanctions as potentially within the reasonable-adjustments regime and document any disability-related adjustments before imposing detentions or exclusions. Tribunal practitioners should ensure the correct responsible body is named early, use the proper strike-out mechanism where jurisdiction is absent, and preserve appeal rights by challenging partial disposal decisions promptly.