- 10 Nov 2022
Yes. In England and Wales the parent of a child whom, in good faith, they believe has been discriminated against, can make a claim to the First-tier Tribunal (Special Educational Needs and Disability) (Sch. 17 EqA2010).
Proceedings on a claim may not be brought after the end of the period of 6 months starting with the date when the conduct complained of occurred, although the tribunal may also consider a claim which is out of time.
When bringing a claim of disability discrimination, the Claimant(s) must be able to:
- establish the existence of a statutory disability;
- be clear about the impairments associated with the statutory disability and their effects; and
- be clear about the discrimination the child or young person has been subject to.
Where a tribunal finds that the school has committed an unlawful act, it can make any order it considers appropriate in the circumstances of the case, other than an order for financial compensation.
The tribunal will consider how best to alleviate the effects of the discrimination that has occurred and reduce any future disadvantage.
The types of order the tribunal may make include an order to carry out staff training, change policies and procedures, provide extra tuition and /or apologise to a disabled pupil. Sch. 17(5) EqA2010.
UT Judge West provided a useful commentary on remedies in Proprietor of Ashdown House School v. (1) JKL (2) MNP  UKUT 259 (AAC).
For further advice: refer to Section 12 Tribunal procedure Noddy No-nonsense Guide to SEN law
Coming soon: Support SEND Kids’ ‘No-nonsense Guide to Exclusions’ (2023)