Explanatory Notes

Children and Families Act 2014

2014 CHAPTER 6

13 March 2014

Commentary on Sections

PART 3 - children and young people in england with special Educational Needs OR DISABILITIES

Appeals, mediation and dispute resolution

Section 60: Equality Act 2010: claims against schools by disabled young people

283.This section amends the Equality Act 2010 so that young people in England who are over compulsory school age and in school can make disability discrimination claims to the First-tier Tribunal themselves. Currently only the parents of disabled young people can make claims to the Tribunal. This mirrors the provision made in section 51 which allows for young people over compulsory school age to make special educational needs appeals to the Tribunal.

284.This section does not affect the rights of parents of young people in Wales to make disability discrimination claims to the Special Educational Needs Tribunal for Wales. Pilots on giving children and young people in Wales the right to make special educational needs appeals and disability discrimination claims to its Tribunal are being conducted with the right being given to all children and young people in Wales following the pilots. The necessary changes to the Equality Act 2010 and the Education Act 1996 will be achieved through an Act of the Assembly.