Adjudicating bodies
SCHEDULE 1 Disability: supplementary provision
12 (1) In determining whether a person is a disabled person, an adjudicating body must take account of such guidance as it thinks is relevant.
(2) An adjudicating body is—
(a) a court;
(b) a tribunal;
(c) a person (other than a court or tribunal) who may decide a claim relating to a contravention of Part 6 (education).
An adjudicating body must take account of guidance that it thinks relevant. The court held that the Tribunal could not fairly be criticised for failing expressly to refer to a passage not drawn to its attention. (see paras [68]-[75])
The court gave effect to the requirement to take relevant statutory guidance into account. The tribunal’s failure to reason clearly through paragraphs B7 and B9 required its disability finding to be quashed. (see paras [6]; [44]-[50]; [68])
The provision required relevant guidance on the meaning of disability to be taken into account. The guidance’s examples of specialised activities did not make hearing-related activities in front-line policing abnormal (see paras [37]; [43]).
What each judgment says about Schedule 1, paragraph 12 is in the case-law panel in the full Act.