Submitted on Monday 6th March 2017
Published on Monday 20th March 2017
Current status: Closed
Closed: Tuesday 2nd May 2017
Signatures: 13
To close a gap in the law, disability discrimination - a school place rejected.
The law prevents to make an appeal on disability discrimination case against LA if they fail to secure a place at chosen by parents school. School also cannot be a challenge on this issue. In the result no one is responsible and a disabled child is discriminated when that placement is rejected.
Under Schedule 17 of the Equality Act, 2010 Tribunal Special Educational Needs and Disability only has the power to consider a claim against the responsible body for school and cannot consider a claim against the local authority for the exercise of powers to determine the admission. The decision about child admission is made by local authority only and if the process is not correct parents cannot pursuit claim of disability discrimination against the local authority.
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