The Additional Support Needs Tribunals for Scotland (Disability Claims Procedure) Rules 2011

Claim

5.—(1) A claim to a Tribunal shall be made by notice in writing and shall be signed by the claimant or, at the discretion of the Secretary, a claim transmitted by electronic means may be accepted without the claimant’s signature.

(2) The claim shall state—

(a) the name, address, telephone number, date of birth and nature of the disability of the person to whom the claim relates;

(b) the name, address and telephone number of the claimant, if the claimant is not the person to whom the claim relates;

(c) the address to which correspondence should be sent to the claimant, if different;

(d) the name, address and telephone number of the responsible body;

(e) the name, address and profession of any representative appointed by the claimant, and, where available, the representative’s telephone number, fax number and electronic address;

(f) the main facts on which the claimant intends to rely; and

(g) details of the alleged contravention of Chapter 1 of Part 6 of the 2010 Act.

(3) The claimant must send a copy of the claim to the Equality and Human Rights Commission(1).

(4) A Tribunal shall not consider a claim unless the claim has been received by the Secretary before the end of the period of six months beginning when the act complained of was done.

(5) If, in relation to proceedings or prospective proceedings under section 27 of the Equality Act 2006(2), the dispute is referred for conciliation in pursuance of arrangements under that section before the end of the period specified in paragraph (4), that period is extended by 3 months.

(6) A Tribunal may consider any claim which is out of time under paragraphs (4) or (5) if, in all the circumstances of the case, it considers that it is just and equitable to do so.

(1)

The address of the Commission’s offices in Scotland is The Optima Building, 58 Robertson Street, Glasgow.

(2)

2006 c.3.