Part 1 Special Educational Needs

Mainstream education

1 Education in mainstream schools of children with special educational needs

In the Education Act 1996 (“the 1996 Act”), for section 316 substitute—

“316 Duty to educate children with special educational needs in mainstream schools

(1) This section applies to a child with special educational needs who should be educated in a school.

(2) If no statement is maintained under section 324 for the child, he must be educated in a mainstream school.

(3) If a statement is maintained under section 324 for the child, he must be educated in a mainstream school unless that is incompatible with—

(a) the wishes of his parent, or

(b) the provision of efficient education for other children.

(4) In this section and section 316A “mainstream school” means any school other than—

(a) a special school, or

(b) an independent school which is not—

(i) a city technology college,

(ii) a city college for the technology of the arts, or

(iii) a city academy.

316A Education otherwise than in mainstream schools

(1) Section 316 does not prevent a child from being educated in—

(a) an independent school which is not a mainstream school, or

(b) a school approved under section 342,

if the cost is met otherwise than by a local education authority.

(2) Section 316(2) does not require a child to be educated in a mainstream school during any period in which—

(a) he is admitted to a special school for the purposes of an assessment under section 323 of his educational needs and his admission to that school is with the agreement of—

(i) the local education authority,

(ii) the head teacher of the school or, if the school is in Wales, its governing body,

(iii) his parent, and

(iv) any person whose advice is to be sought in accordance with regulations made under paragraph 2 of Schedule 26;

(b) he remains admitted to a special school, in prescribed circumstances, following an assessment under section 323 at that school;

(c) he is admitted to a special school, following a change in his circumstances, with the agreement of—

(i) the local education authority,

(ii) the head teacher of the school or, if the school is in Wales, its governing body, and

(iii) his parent;

(d) he is admitted to a community or foundation special school which is established in a hospital.

(3) Section 316 does not affect the operation of—

(a) section 348, or

(b) paragraph 3 of Schedule 27.

(4) If a local education authority decide—

(a) to make a statement for a child under section 324, but

(b) not to name in the statement the school for which a parent has expressed a preference under paragraph 3 of Schedule 27,

they shall, in making the statement, comply with section 316(3).

(5) A local education authority may, in relation to their mainstream schools taken as a whole, rely on the exception in section 316(3)(b) only if they show that there are no reasonable steps that they could take to prevent the incompatibility.

(6) An authority in relation to a particular mainstream school may rely on the exception in section 316(3)(b) only if it shows that there are no reasonable steps that it or another authority in relation to the school could take to prevent the incompatibility.

(7) The exception in section 316(3)(b) does not permit a governing body to fail to comply with the duty imposed by section 324(5)(b).

(8) An authority must have regard to guidance about section 316 and this section issued—

(a) for England, by the Secretary of State,

(b) for Wales, by the National Assembly for Wales.

(9) That guidance shall, in particular, relate to steps which may, or may not, be regarded as reasonable for the purposes of subsections (5) and (6).

(10) “Prescribed”, in relation to Wales, means prescribed in regulations made by the National Assembly for Wales.

(11) “Authority”—

(a) in relation to a maintained school, means each of the following—

(i) the local education authority,

(ii) the school’s governing body, and

(b) in relation to a maintained nursery school or a pupil referral unit, means the local education authority.”

General duties of local education authorities

2 Advice and information for parents

In the 1996 Act, insert the following section—

“General duties of local education authorities

332A Advice and information for parents

(1) A local education authority must arrange for the parent of any child in their area with special educational needs to be provided with advice and information about matters relating to those needs.

(2) In making the arrangements, the authority must have regard to any guidance given—

(a) for England, by the Secretary of State,

(b) for Wales, by the National Assembly for Wales.

(3) The authority must take such steps as they consider appropriate for making the services provided under subsection (1) known to—

(a) the parents of children in their area,

(b) the head teachers and proprietors of schools in their area, and

(c) such other persons as they consider appropriate.”

3 Resolution of disputes

In the 1996 Act, insert the following section—

“332B Resolution of disputes

(1) A local education authority must make arrangements with a view to avoiding or resolving disagreements between authorities (on the one hand) and parents of children in their area (on the other) about the exercise by authorities of functions under this Part.

(2) A local education authority must also make arrangements with a view to avoiding or resolving, in each relevant school, disagreements between the parents of a relevant child and the proprietor of the school about the special educational provision made for that child.

(3) The arrangements must provide for the appointment of independent persons with the function of facilitating the avoidance or resolution of such disagreements.

(4) In making the arrangements, the authority must have regard to any guidance given—

(a) for England, by the Secretary of State,

(b) for Wales, by the National Assembly for Wales.

(5) The authority must take such steps as they consider appropriate for making the arrangements made under subsections (1) and (2) known to—

(a) the parents of children in their area,

(b) the head teachers and proprietors of schools in their area, and

(c) such other persons as they consider appropriate.

(6) The arrangements cannot affect the entitlement of a parent to appeal to the Tribunal.

(7) In this section—

• “authorities” means the governing bodies of maintained schools and the local education authority,

• “relevant child” means a child who has special educational needs and is a registered pupil at a relevant school.

(8) For the purposes of this section a school is a relevant school in relation to a child if it is—

(a) a maintained school or a maintained nursery school,

(b) a pupil referral unit,

(c) a city technology college, a city college for the technology of the arts or a city academy,

(d) an independent school named in the statement maintained for the child under section 324, or

(e) a school approved under section 342.”

4 Compliance with orders

In the 1996 Act, insert the following section—

“336A Compliance with orders

(1) If the Tribunal makes an order, the local education authority concerned must comply with the order before the end of the prescribed period beginning with the date on which it is made.

(2) Regulations under this section, so far as they relate to Wales, require the agreement of the National Assembly for Wales.”

Appeals

5 Unopposed appeals

In the 1996 Act, insert the following section—

“326A Unopposed appeals

(1) This section applies if—

(a) the parent of a child has appealed to the Tribunal under section 325, 328, 329 or 329A or paragraph 8(3) of Schedule 27 against a decision of a local education authority, and

(b) the authority notifies the Tribunal that they have determined that they will not, or will no longer, oppose the appeal.

(2) The appeal is to be treated as having been determined in favour of the appellant.

(3) If an appeal is treated as determined in favour of the appellant as a result of subsection (2), the Tribunal is not required to make any order.

(4) Before the end of the prescribed period, the authority must—

(a) in the case of an appeal under section 325, make a statement under section 324 of the child’s educational needs,

(b) in the case of an appeal under section 328, 329 or 329A, make an assessment of the child’s educational needs,

(c) in the case of an appeal under paragraph 8(3) of Schedule 27 against a determination of the authority not to comply with the parent’s request, comply with the request.

(5) An authority required by subsection (4)(a) to make a statement under section 324 must maintain the statement under that section.

(6) Regulations under this section, so far as they relate to Wales, require the agreement of the National Assembly for Wales.”

6 Maintenance of statement during appeal

In paragraph 11 of Schedule 27 to the 1996 Act (circumstances in which a local education authority may cease to maintain a statement), after sub-paragraph (4) insert—

“(5) A local education authority may not, under this paragraph, cease to maintain a statement if—

(a) the parent of the child has appealed under this paragraph against the authority’s determination to cease to maintain the statement, and

(b) the appeal has not been determined by the Tribunal or withdrawn.”

Identification and assessment of educational needs

7 Duty to inform parent where special educational provision made

(1) In the 1996 Act, insert the following section—

“317A Duty to inform parent where special educational provision made

(1) This section applies if—

(a) a child for whom no statement is maintained under section 324 is a registered pupil at—

(i) a community, foundation or voluntary school, or

(ii) a pupil referral unit,

(b) special educational provision is made for him at the school because it is considered that he has special educational needs, and

(c) his parent has not previously been informed under this section of special educational provision made for him at the school.

(2) If the school is a pupil referral unit, the local education authority must secure that the head teacher informs the child’s parent that special educational provision is being made for him at the school because it is considered that he has special educational needs.

(3) In any other case, the governing body must inform the child’s parent that special educational provision is being made for him there because it is considered that he has special educational needs.”

(2) After subsection (3) of section 123 of the School Standards and Framework Act 1998 (c. 31) (provision for children with special educational needs), insert—

“(3A) Subsection (3B) applies if—

(a) a local education authority or other person providing relevant nursery education for a child makes special educational provision for him because it is considered that he has special educational needs;

(b) no statement under section 324 of the Education Act 1996 is maintained for the child; and

(c) his parent has not previously been informed under subsection (3B) of the special educational provision made for him.

(3B) The local education authority or other person concerned must inform the child’s parent that special educational provision is being made for him because it is considered that he has special educational needs.”

8 Review or assessment of educational needs at request of responsible body

In the 1996 Act, insert the following section—

“329A Review or assessment of educational needs at request of responsible body

(1) This section applies if—

(a) a child is a registered pupil at a relevant school (whether or not he is a child in respect of whom a statement is maintained under section 324),

(b) the responsible body asks the local education authority to arrange for an assessment to be made in respect of him under section 323, and

(c) no such assessment has been made within the period of six months ending with the date on which the request is made.

(2) If it is necessary for the authority to make an assessment or further assessment under section 323, they must comply with the request.

(3) Before deciding whether to comply with the request, the authority must serve on the child’s parent a notice informing him—

(a) that they are considering whether to make an assessment of the child’s educational needs,

(b) of the procedure to be followed in making the assessment,

(c) of the name of their officer from whom further information may be obtained, and

(d) of the parent’s right to make representations, and submit written evidence, to them before the end of the period specified in the notice (“the specified period”).

(4) The specified period must not be less than 29 days beginning with the date on which the notice is served.

(5) The authority may not decide whether to comply with the request until the specified period has expired.

(6) The authority must take into account any representations made, and any evidence submitted, to them in response to the notice.

(7) If, as a result of this section, a local education authority decide to make an assessment under section 323, they must give written notice to the child’s parent and to the responsible body which made the request, of the decision and of their reasons for making it.

(8) If, after serving a notice under subsection (3), the authority decide not to assess the educational needs of the child—

(a) they must give written notice of the decision and of their reasons for making it to his parent and to the responsible body which made the request, and

(b) the parent may appeal to the Tribunal against the decision.

(9) A notice given under subsection (8)(a) to the child’s parent must—

(a) inform the parent of his right to appeal, and

(b) contain such other information (if any) as may be prescribed.

(10) On an appeal under subsection (8) the Tribunal may—

(a) dismiss it, or

(b) order the authority to arrange for an assessment to be made in respect of the child under section 323.

(11) This section applies to a child for whom relevant nursery education is provided as it applies to a child who is a registered pupil at a relevant school.

(12) “Relevant school” means—

(a) a maintained school,

(b) a maintained nursery school,

(c) a pupil referral unit,

(d) an independent school,

(e) a school approved under section 342.

(13) “The responsible body” means—

(a) in relation to a maintained nursery school or a pupil referral unit, the head teacher,

(b) in relation to any other relevant school, the proprietor or head teacher, and

(c) in relation to a provider of relevant nursery education, the person or body of persons responsible for the management of the provision of that nursery education.

(14) “Relevant nursery education” has the same meaning as in section 123 of the School Standards and Framework Act 1998, except that it does not include nursery education provided by a local education authority at a maintained nursery school.

(15) “Prescribed”, in relation to Wales, means prescribed in regulations made by the National Assembly for Wales.”

9 Duty to specify named school

In section 324 of the 1996 Act (statement of special educational needs), after subsection (4) insert—

“(4A) Subsection (4)(b) does not require the name of a school or institution to be specified if the child’s parent has made suitable arrangements for the special educational provision specified in the statement to be made for the child.”

Amendment of statement of special educational needs

10 Amendment of statement of special educational needs

Schedule 1 makes further provision concerning the rights of parents and others where a statement of special educational needs is amended.

Part 2 Disability Discrimination In Education

Chapter 1 Schools

Duties of responsible bodies

11 Discrimination against disabled pupils and prospective pupils

(1) In Part 4 of the Disability Discrimination Act 1995 (“the 1995 Act”), before section 29, insert the following section—

“Chapter 1 Schools

Duties of responsible bodies

28A Discrimination against disabled pupils and prospective pupils

(1) It is unlawful for the body responsible for a school to discriminate against a disabled person—

(a) in the arrangements it makes for determining admission to the school as a pupil;

(b) in the terms on which it offers to admit him to the school as a pupil; or

(c) by refusing or deliberately omitting to accept an application for his admission to the school as a pupil.

(2) It is unlawful for the body responsible for a school to discriminate against a disabled pupil in the education or associated services provided for, or offered to, pupils at the school by that body.

(3) The Secretary of State may by regulations prescribe services which are, or services which are not, to be regarded for the purposes of subsection (2) as being—

(a) education; or

(b) an associated service.

(4) It is unlawful for the body responsible for a school to discriminate against a disabled pupil by excluding him from the school, whether permanently or temporarily.

(5) The body responsible for a school is to be determined in accordance with Schedule 4A, and in the remaining provisions of this Chapter is referred to as the “responsible body”.

(6) In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.”

(2) In the 1995 Act, insert the Schedule set out in Schedule 2.

12 Meaning of “discrimination”

In the 1995 Act, insert the following section—

“28B Meaning of “discrimination”

(1) For the purposes of section 28A, a responsible body discriminates against a disabled person if—

(a) for a reason which relates to his disability, it treats him less favourably than it treats or would treat others to whom that reason does not or would not apply; and

(b) it cannot show that the treatment in question is justified.

(2) For the purposes of section 28A, a responsible body also discriminates against a disabled person if—

(a) it fails, to his detriment, to comply with section 28C; and

(b) it cannot show that its failure to comply is justified.

(3) In relation to a failure to take a particular step, a responsible body does not discriminate against a person if it shows—

(a) that, at the time in question, it did not know and could not reasonably have been expected to know, that he was disabled; and

(b) that its failure to take the step was attributable to that lack of knowledge.

(4) The taking of a particular step by a responsible body in relation to a person does not amount to less favourable treatment if it shows that at the time in question it did not know, and could not reasonably have been expected to know, that he was disabled.

(5) Subsections (6) to (8) apply in determining whether, for the purposes of this section—

(a) less favourable treatment of a person, or

(b) failure to comply with section 28C,

is justified.

(6) Less favourable treatment of a person is justified if it is the result of a permitted form of selection.

(7) Otherwise, less favourable treatment, or a failure to comply with section 28C, is justified only if the reason for it is both material to the circumstances of the particular case and substantial.

(8) If, in a case falling within subsection (1)—

(a) the responsible body is under a duty imposed by section 28C in relation to the disabled person, but

(b) it fails without justification to comply with that duty,

its treatment of that person cannot be justified under subsection (7) unless that treatment would have been justified even if it had complied with that duty.”

13 Disabled pupils not to be substantially disadvantaged

In the 1995 Act, insert the following section—

“28C Disabled pupils not to be substantially disadvantaged

(1) The responsible body for a school must take such steps as it is reasonable for it to have to take to ensure that—

(a) in relation to the arrangements it makes for determining the admission of pupils to the school, disabled persons are not placed at a substantial disadvantage in comparison with persons who are not disabled; and

(b) in relation to education and associated services provided for, or offered to, pupils at the school by it, disabled pupils are not placed at a substantial disadvantage in comparison with pupils who are not disabled.

(2) That does not require the responsible body to—

(a) remove or alter a physical feature (for example, one arising from the design or construction of the school premises or the location of resources); or

(b) provide auxiliary aids or services.

(3) Regulations may make provision, for the purposes of this section—

(a) as to circumstances in which it is reasonable for a responsible body to have to take steps of a prescribed description;

(b) as to steps which it is always reasonable for a responsible body to have to take;

(c) as to circumstances in which it is not reasonable for a responsible body to have to take steps of a prescribed description;

(d) as to steps which it is never reasonable for a responsible body to have to take.

(4) In considering whether it is reasonable for it to have to take a particular step in order to comply with its duty under subsection (1), a responsible body must have regard to any relevant provisions of a code of practice issued under section 53A.

(5) Subsection (6) applies if, in relation to a person, a confidentiality request has been made of which a responsible body is aware.

(6) In determining whether it is reasonable for the responsible body to have to take a particular step in relation to that person in order to comply with its duty under subsection (1), regard shall be had to the extent to which taking the step in question is consistent with compliance with that request.

(7) “Confidentiality request” means a request which asks for the nature, or asks for the existence, of a disabled person’s disability to be treated as confidential and which satisfies either of the following conditions—

(a) it is made by that person’s parent; or

(b) it is made by that person himself and the responsible body reasonably believes that he has sufficient understanding of the nature of the request and of its effect.

(8) This section imposes duties only for the purpose of determining whether a responsible body has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.”

14 Accessibility strategies and plans

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

“28D Accessibility strategies and plans

(1) Each local education authority must prepare, in relation to schools for which they are the responsible body—

(a) an accessibility strategy;

(b) further such strategies at such times as may be prescribed.

(2) An accessibility strategy is a strategy for, over a prescribed period—

(a) increasing the extent to which disabled pupils can participate in the schools' curriculums;

(b) improving the physical environment of the schools for the purpose of increasing the extent to which disabled pupils are able to take advantage of education and associated services provided or offered by the schools; and

(c) improving the delivery to disabled pupils—

(i) within a reasonable time, and

(ii) in ways which are determined after taking account of their disabilities and any preferences expressed by them or their parents,

of information which is provided in writing for pupils who are not disabled.

(3) An accessibility strategy must be in writing.

(4) Each local education authority must keep their accessibility strategy under review during the period to which it relates and, if necessary, revise it.

(5) It is the duty of each local education authority to implement their accessibility strategy.

(6) An inspection under section 38 of the Education Act 1997 (inspections of local education authorities) may extend to the performance by a local education authority of their functions in relation to the preparation, review, revision and implementation of their accessibility strategy.

(7) Subsections (8) to (13) apply to—

(a) maintained schools;

(b) independent schools; and

(c) special schools which are not maintained special schools but which are approved by the Secretary of State, or by the National Assembly, under section 342 of the Education Act 1996.

(8) The responsible body must prepare—

(a) an accessibility plan;

(b) further such plans at such times as may be prescribed.

(9) An accessibility plan is a plan for, over a prescribed period—

(a) increasing the extent to which disabled pupils can participate in the school’s curriculum;

(b) improving the physical environment of the school for the purpose of increasing the extent to which disabled pupils are able to take advantage of education and associated services provided or offered by the school; and

(c) improving the delivery to disabled pupils—

(i) within a reasonable time, and

(ii) in ways which are determined after taking account of their disabilities and any preferences expressed by them or their parents,

of information which is provided in writing for pupils who are not disabled.

(10) An accessibility plan must be in writing.

(11) During the period to which the plan relates, the responsible body must keep its accessibility plan under review and, if necessary, revise it.

(12) It is the duty of the responsible body to implement its accessibility plan.

(13) An inspection under the School Inspections Act 1996 may extend to the performance by the responsible body of its functions in relation to the preparation, publication, review, revision and implementation of its accessibility plan.

(14) For a maintained school, the duties imposed by subsections (8) to (12) are duties of the governing body.

(15) Regulations may prescribe services which are, or services which are not, to be regarded for the purposes of this section as being—

(a) education; or

(b) an associated service.

(16) In this section and in section 28E, “local education authority” has the meaning given in section 12 of the Education Act 1996.

(17) In relation to Wales—

• “prescribed” means prescribed in regulations; and

• “regulations” means regulations made by the National Assembly.

(18) “Disabled pupil” includes a disabled person who may be admitted to the school as a pupil.

(19) “Maintained school” and “independent school” have the meaning given in section 28Q(5).”

(2) For subsections (6) and (7) of section 317 of the 1996 Act (governing body to include information about disabled pupils in annual report) substitute—

“(6) Each governors' report shall also include information as to—

(a) the arrangements for the admission of disabled persons as pupils at the school,

(b) the steps taken to prevent disabled pupils from being treated less favourably than other pupils,

(c) the facilities provided to assist access to the school by disabled pupils, and

(d) the plan prepared by the governing body under section 28D of the Disability Discrimination Act 1995 (“the 1995 Act”).

(7) “Governors' report” means the report prepared under section 42(1) of the School Standards and Framework Act 1998.

(7A) “Disabled person” means a person who is a disabled person for the purposes of the 1995 Act; and section 28Q of the 1995 Act (interpretation) applies for the purposes of subsection (6) as it applies for the purposes of Chapter 1 of Part 4 of that Act.”

15 Accessibility strategies and plans: procedure

In the 1995 Act, insert the following section—

“28E Accessibility strategies and plans: procedure

(1) In preparing their accessibility strategy, a local education authority must have regard to—

(a) the need to allocate adequate resources for implementing the strategy; and

(b) any guidance issued as to—

(i) the content of an accessibility strategy;

(ii) the form in which it is to be produced; and

(iii) the persons to be consulted in its preparation.

(2) A local education authority must have regard to any guidance issued as to compliance with the requirements of section 28D(4).

(3) Guidance under subsection (1)(b) or (2) may be issued—

(a) for England, by the Secretary of State; and

(b) for Wales, by the National Assembly.

(4) In preparing an accessibility plan, the responsible body must have regard to the need to allocate adequate resources for implementing the plan.

(5) If the Secretary of State asks for a copy of—

(a) the accessibility strategy prepared by a local education authority in England, or

(b) the accessibility plan prepared by the proprietor of an independent school (other than a city academy) in England,

the strategy or plan must be given to him.

(6) If the National Assembly asks for a copy of—

(a) the accessibility strategy prepared by a local education authority in Wales, or

(b) the accessibility plan prepared by the proprietor of an independent school in Wales,

the strategy or plan must be given to it.

(7) If asked to do so, a local education authority must make a copy of their accessibility strategy available for inspection at such reasonable times as they may determine.

(8) If asked to do so, the proprietor of an independent school which is not a city academy must make a copy of his accessibility plan available for inspection at such reasonable times as he may determine.”

16 Residual duty of education authorities

In the 1995 Act, insert the following sections—

“Residual duty of education authorities

28F Duty of education authorities not to discriminate

(1) This section applies to—

(a) the functions of a local education authority under the Education Acts; and

(b) the functions of an education authority under—

(i) the Education (Scotland) Act 1980;

(ii) the Education (Scotland) Act 1996; and

(iii) the Standards in Scotland’s Schools etc. Act 2000.

(2) But it does not apply to any prescribed function.

(3) In discharging a function to which this section applies, it is unlawful for the authority to discriminate against—

(a) a disabled pupil; or

(b) a disabled person who may be admitted to a school as a pupil.

(4) But an act done in the discharge of a function to which this section applies is unlawful as a result of subsection (3) only if no other provision of this Chapter makes that act unlawful.

(5) In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.

(6) In this section and section 28G, “local education authority” has the meaning given in section 12 of the Education Act 1996.

(7) “The Education Acts” has the meaning given in section 578 of the Education Act 1996.

(8) In this section and section 28G, “education authority” has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

28G Residual duty: supplementary provisions

(1) Section 28B applies for the purposes of section 28F as it applies for the purposes of section 28A with the following modifications—

(a) references to a responsible body are to be read as references to an authority; and

(b) references to section 28C are to be read as references to subsections (2) to (4).

(2) Each authority must take such steps as it is reasonable for it to have to take to ensure that, in discharging any function to which section 28F applies—

(a) disabled persons who may be admitted to a school as pupils are not placed at a substantial disadvantage in comparison with persons who are not disabled; and

(b) disabled pupils are not placed at a substantial disadvantage in comparison with pupils who are not disabled.

(3) That does not require the authority to—

(a) remove or alter a physical feature; or

(b) provide auxiliary aids or services.

(4) This section imposes duties only for the purpose of determining whether an authority has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

(5) A reference in sections 28I, 28K(1), 28M(6) and 28P to a responsible body is to be read as including a reference to a local education authority in relation to a function to which section 28F applies.

(6) A reference in section 28N and 28P to a responsible body is to be read as including a reference to an education authority in relation to a function to which section 28F applies.

(7) “Authority” means—

(a) in relation to England and Wales, a local education authority; and

(b) in relation to Scotland, an education authority.”

Enforcement

17 Special Educational Needs and Disability Tribunal

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

“Enforcement: England and Wales

28H Special Educational Needs and Disability Tribunal

(1) The Special Educational Needs Tribunal—

(a) is to continue to exist; but

(b) after the commencement date is to be known as the Special Educational Needs and Disability Tribunal.

(2) It is referred to in this Chapter as “the Tribunal”.

(3) In addition to its jurisdiction under Part 4 of the Education Act 1996, the Tribunal is to exercise the jurisdiction conferred on it by this Chapter.

(4) “Commencement date” means the day on which section 17 of the Special Educational Needs and Disability Act 2001 comes into force.”

(2) Section 10 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) (consultation on appointments) is not to apply to appointments to the lay panel.

(3) “The lay panel” has the meaning given in section 333(2)(c) of the 1996 Act.

18 Jurisdiction and powers of the Tribunal

In the 1995 Act, insert the following section—

“28I Jurisdiction and powers of the Tribunal

(1) A claim that a responsible body—

(a) has discriminated against a person (“A”) 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 a person (“A”) in such a way,

may be made to the Tribunal by A’s parent.

(2) But this section does not apply to a claim to which section 28K or 28L applies.

(3) If the Tribunal considers that a claim under subsection (1) is well founded—

(a) it may declare that A 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.

(4) The power conferred by subsection (3)(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.”

19 Procedure

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

“28J Procedure

(1) Regulations may make provision about—

(a) the proceedings of the Tribunal on a claim of unlawful discrimination under this Chapter; and

(b) the making of a claim.

(2) The regulations may, in particular, include provision—

(a) as to the manner in which a claim must be made;

(b) if the jurisdiction of the Tribunal is being exercised by more than one tribunal—

(i) for determining by which tribunal any claim is to be heard, and

(ii) for the transfer of proceedings from one tribunal to another;

(c) for enabling functions which relate to matters preliminary or incidental to a claim (including, in particular, decisions under paragraph 10(3) of Schedule 3) to be performed by the President, or by the chairman;

(d) enabling hearings to be conducted in the absence of any member other than the chairman;

(e) as to the persons who may appear on behalf of the parties;

(f) for granting any person such disclosure or inspection of documents or right to further particulars as might be granted by a county court;

(g) requiring persons to attend to give evidence and produce documents;

(h) for authorising the administration of oaths to witnesses;

(i) for the determination of claims without a hearing in prescribed circumstances;

(j) as to the withdrawal of claims;

(k) for enabling the Tribunal to stay proceedings on a claim;

(l) for the award of costs or expenses;

(m) for taxing or otherwise settling costs or expenses (and, in particular, for enabling costs to be taxed in the county court);