PART IIIDISABILITY DISCRIMINATION IN EDUCATION

CHAPTER IVMISCELLANEOUS

Victimisation43

1

For the purposes of this Part, a person ( “A”) discriminates against another person ( “B”) if—

a

he treats B less favourably than he treats or would treat other persons whose circumstances are the same as B's; and

b

he does so for a reason mentioned in paragraph (2).

2

The reasons are that—

a

B has—

i

brought proceedings against A or any other person under this Part or the 1995 Act; or

ii

given evidence or information in connection with such proceedings brought by any person; or

iii

otherwise done anything under or by reference to this Part or the 1995 Act in relation to A or any other person; or

iv

alleged that A or any other person has (whether or not the allegation so states) contravened this Part or the 1995 Act; or

b

A believes or suspects that B has done or intends to do any of those things.

3

For the purposes of Chapter I—

a

references in paragraph (2) to B include references to—

i

a person who is, for the purposes of that Chapter, B's parent; and

ii

a sibling of B; and

b

references in that paragraph to this Part or the 1995 Act are, as respects a person mentioned in head (i) or (ii) of sub-paragraph (a), to be read as references to that Chapter.

4

Where B is a disabled person, or a person who has had a disability, the disability in question shall be disregarded in comparing his circumstances with those of any other person for the purposes of paragraph (1)(a).

5

Paragraph (1) does not apply to treatment of a person because an allegation made by him if the allegation was false and not made in good faith.