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.