The Additional Support Needs Tribunal can consider claims (appeals) made by parents, young people and children, where they have the capacity to make a claim, against the responsible body that has discriminated against the pupil in relation to the school education because of a disability.
Schools must not treat disabled pupils less favourably because of their disability. Discrimination can also occur when a disabled pupil is placed at substantial disadvantage because reasonable adjustments have not been made to account for their disability.
The Equality Act 2010, section 6 defines a person with a disability as a person who has a physical or mental impairment and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day to day activities.
Claims can made in relation to a school managed by an education authority, an independent school or grant aided school. It is unlawful for a school to discriminate against a disabled applicant or pupil in relation to:
- admissions
- the provision of education
- access to any benefit, facility or service (this and provision of education covers all aspects of school life and the teaching of disabled pupils)
- exclusions
- any other detriment
The responsible body has a duty to make reasonable adjustments to support disabled pupils and to prevent them from being discriminated against.
It is also unlawful for a school to harass or victimise an applicant or pupil.
A copy of any claim and supporting papers sent to the ASN Tribunal should also be sent to the Equality and Human Rights Commission. This can be done by sending them to:
Email: LegalRequestScotland@equalityhumanrights.com
Post: Equality and Human Rights Commission, 140 West George Street, Glasgow, G2 2HG
The President has produced an Information Note No 03/2018 on Making a Disability Discrimination Claim – you can find this here: 03 2018 Making a disability discrimination claim
