The Expert Witness Institute

The Expert Witness Institute is the voice of the Expert Witness community; championing experts from all professional disciplines and the lawyers who use their services.

Our mission is to support the proper administration of justice and the early resolution of disputes through high-quality expert evidence from specialists.

 
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Disability and exclusion from school
Case Updates

Disability and exclusion from school

There was no dispute about the expert evidence in this case but it is of interest for several reasons. First, it sets out in some detail the evidence of experts in educational psychology and occupational therapy and it therefore provides examples for those healthcare specialties of how to make their bodies of knowledge understandable to a tribunal. Second, it illustrates the role of experts when their evidence is admitted by a specialist tribunal. Third, it sets out the test of which experts need to be aware in cases of alleged disability discrimination arising from a school’s treatment of a pupil with behavioural difficulties. Fourth, although psychiatrists and psychologists are often advised to keep the unconscious out of the witness box, for reasons to do with proof, it is encouraging to find a tribunal accepting such evidence.

B v The Proprietor of St Dominic's Grammar School [2025] UKUT 48 (AAC) 

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