Jurisdiction — England
SCHEDULE 17 Disabled pupils: enforcement
3 A claim that a responsible body[F343 in EnglandF343] has contravened Chapter 1 of Part 6 because of a person's disability may be made [F344—
(a) to the English Tribunal by the person's parent or, if the person is over compulsory school age, the person;
F345 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F344]
“responsible body” is to be construed in accordance with section 85.
Defined in Sch.17 para.1 · see it in the full Act(5) “Responsible body” means—
(a) in relation to a maintained school or a maintained nursery school, the local authority or governing body;
(b) in relation to a pupil referral unit, the local authority;
(c) in relation to an independent educational institution or an alternative provision Academy that is not an independent educational institution , the proprietor;
(d) in relation to a special school not maintained by a local authority, the proprietor.
Defined in Sch.10 para.6(5) · see it in the full Act“the English Tribunal” means the First-tier Tribunal;
Defined in Sch.17 para.1 · see it in the full Act“parent” has the same meaning as in—
the Education Act 1996 (in relation to England and Wales);
the Education (Scotland) Act 1980 (in relation to Scotland);
Paragraph 3 was applied to identify the tribunal’s jurisdiction over a claim alleging a completed contravention by a responsible body. As the claim was made before the alleged April 2023 withdrawal, that later event was not discriminatory conduct forming part of the claim. (see para [17])
Applies the FTT route to claims that a school responsible body contravened Chapter 1 of Part 6 because of disability. (see paras [18], [56])
Confirms that a claim that a responsible body in England contravened Chapter 1 of Part 6 because of disability may be brought to the English Tribunal by the person’s parent (see para [30]).
What each judgment says about Schedule 17, paragraph 3 is in the case-law panel in the full Act.