Part 2Disability Discrimination In Education

Chapter 1Schools

Enforcement

18Jurisdiction and powers of the Tribunal

In the 1995 Act, insert the following section—

28IJurisdiction and powers of the Tribunal

1

A claim that a responsible body—

a

has discriminated against a person (“A”) in a way which is made unlawful under this Chapter, or

b

is by virtue of section 58 to be treated as having discriminated against a person (“A”) in such a way,

may be made to the Tribunal by A’s parent.

2

But this section does not apply to a claim to which section 28K or 28L applies.

3

If the Tribunal considers that a claim under subsection (1) is well founded—

a

it may declare that A has been unlawfully discriminated against; and

b

if it does so, it may make such order as it considers reasonable in all the circumstances of the case.

4

The power conferred by subsection (3)(b)—

a

may, in particular, be exercised with a view to obviating or reducing the adverse effect on the person concerned of any matter to which the claim relates; but

b

does not include power to order the payment of any sum by way of compensation.