To made possible to claim disability discrimination when applying for a school.

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Petition Action

To made possible to claim disability discrimination when applying for a school.

Petition Details

Currently, the law prevents to make an appeal on disability discrimination case against Local Authority when they fail to secure a place at chosen school. The decision is made by Local Authority and SEND Tribunal can only act aginst schools.

Additional Information

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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