Part 2

Disability Discrimination In Education
Chapter 2

Further and Higher Education

Enforcement

Right of redress
30
1
In the 1995 Act, insert the following section—

Enforcement, etc.

Enforcement, remedies and procedure
28V
1
A claim by a person—
a
that a responsible body has discriminated against him in a way which is unlawful under this Chapter,
b
that a responsible body is by virtue of section 57 or 58 to be treated as having discriminated against him in such a way, or
c
that a person is by virtue of section 57 to be treated as having discriminated against him in such a way,
may be made the subject of civil proceedings in the same way as any other claim in tort or (in Scotland) in reparation for breach of statutory duty.
2
For the avoidance of doubt it is hereby declared that damages in respect of discrimination in a way which is unlawful under this Chapter may include compensation for injury to feelings whether or not they include compensation under any other head.
3
Proceedings in England and Wales may be brought only in a county court.
4
Proceedings in Scotland may be brought only in a sheriff court.
5
The remedies available in such proceedings are those which are available in the High Court or (as the case may be) the Court of Session.
6
The fact that a person who brings proceedings under this Part against a responsible body may also be entitled to bring proceedings against that body under Part 2 is not to affect the proceedings under this Part.
7
Part 4 of Schedule 3 makes further provision about the enforcement of this Part and about procedure.
2
In Schedule 3 to the 1995 Act (enforcement and procedure), insert the provisions set out in paragraph 2 of Schedule 3.