Special Educational Needs and Disability Act 2001 (c. 10)

Part 2 Disability Discrimination In Education

Chapter 1 Schools

Enforcement

18 Jurisdiction and powers of the Tribunal

In the 1995 Act, insert the following section—

“28I Jurisdiction 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.”