PART 1EDUCATION APPEALS AND CLAIMS BY CHILDREN
Disability discrimination claims
9Right of a child to make a disability discrimination claim
1
In section 28I of the Disability Discrimination Act 1995 (c. 50), in the heading, after “Tribunal” insert “— England and Wales”.
2
After section 28I of that Act insert—
28IAJurisdiction and powers of the Tribunal – Wales
1
A claim that a responsible body for a school in Wales—
a
has discriminated against a person (“the relevant person”) in a way which is made unlawful under this Chapter, or
b
is by virtue of section 58 to be treated as having discriminated against the relevant person in such a way,
may be made to the Welsh Tribunal by that relevant person.
2
But this section does not apply to a claim to which section 28K or 28L applies.
3
The relevant person’s right to claim is exercisable concurrently with the right of the relevant person’s parent under section 28I.
4
If the Welsh Tribunal considers that a claim under subsection (1) is well founded—
a
it may declare that the relevant person has been unlawfully discriminated against, and
b
if it does so, it may make such order as it considers reasonable in all the circumstances of the case.
5
The power conferred by subsection (4)(b)—
a
may, in particular, be exercised with a view to obviating or reducing the adverse effect on the person concerned of any matter to which the claim relates, but
b
does not include power to order the payment of any sum by way of compensation.
6
The exercise of rights under this section is subject to provision made by regulations under sections 28IB and 28J.