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Special Educational Needs and Disability Act 2001

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This is the original version (as it was originally enacted).

30Right of redress
This section has no associated Explanatory Notes

(1)In the 1995 Act, insert the following section—

“Enforcement, etc.
28VEnforcement, remedies and procedure

(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.

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