Equality Act 2010 Explanatory Notes

Part 2: Tribunals in England and Wales.Jurisdiction: paragraph 3

911.Disability discrimination claims in respect of school pupils are made to the First-tier Tribunal in England and to the Special Educational Needs Tribunal in Wales, unless they relate to admissions or exclusions. Claims are brought by the child’s parent.

Time for bringing proceedings: paragraph 4

912.Claims need to be made within six months of conduct commencing. This period can be extended to nine months if the Equality and Human Rights Commission makes arrangements for conciliation in respect of disputes. In addition, tribunals could consider cases beyond this time limit.

Powers: paragraph 5

913.If a tribunal finds that a school has discriminated against a pupil, it can make any orders it sees fit, particularly in order to remove or reduce the problem. However, it may not award the payment of compensation.

Procedure: paragraph 6

914.The Welsh Ministers are given powers to make regulations to govern the procedure of claims heard by the Welsh Tribunal.

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