A Practical Guide to Claims in the First-Tier Tribunal (SEND) for Disability Discrimination in Schools in England

Pursuant to the Equality Act 2010 (＂EqA＂), it is unlawful for the responsible body of a school to discriminate against a pupil or prospective pupil on the grounds of his or her disability. A claim for disability discrimination, in the context of a school situated in England, must be brought in the First-tier Tribunal (SEND) (＂the FTT＂). The FTT’s jurisdiction with respect to the EqA is limited solely to such claims, with other types of education-related claims being considered in the county court.

Claims to the FTT differ from county court claims in a number of important respects:

• Accessibility: the FTT is designed to be accessible to parents and young people who may have limited means, and / or limited access to legal advice or representation. As such, no issue fee is payable to bring a claim to the FTT, and the general rule in the FTT is no order for costs. Further, the FTT seeks to adopt a more informal and ＂user friendly＂ approach to proceedings than might be found in the county court, with the aim of ensuring that parents and young people should not need to engage legal representation.
• Procedure: the FTT has its own distinct procedure rules. Further, it operates on an inquisitorial basis, in light of its role as a specialist tribunal.
• Remedies: further to a determination of disability discrimination, the FTT has a broad power to order such remedies as it thinks fit, which could include, for example, reinstatement, additional tuition, or policy changes. To this extent, the FTT’s power is more wide ranging than the county court. However, unlike the county court, the FTT is unable to order the payment of compensation.

1 - Introduction: The Equality Act 2010 in the School Context

2 - Disability

3 - Admissions and Exclusions

4 - Direct Discrimination (Section 13 EqA)

5 - Discrimination Arising From Disability (Section 15 EqA)

6 - Indirect Discrimination (Section 19 EqA)

7 - Failure to Make Reasonable Adjustments (Section 21 EqA)

8 - Harassment (Section 26 EqA) and Victimisation (Section 27 EqA)

9 - The Interrelationship Between Part 6 Chapter 1 EqA and Other Statutory Rights and Duties

10 - Procedure for Bringing a Claim

11 - Remedies

12 - Challenging an FTT Decision