Equality Act 2010, section 116

Education cases

Part 9 Enforcement

(1)A claim is within this section if it may be made to—

(a)the First-tier Tribunal in accordance with Part 2 of Schedule 17,

(b)the [F109Education Tribunal for WalesF109] in accordance with Part 2 of that Schedule, or

(c)[F110 the First-tier Tribunal for Scotland Health and Education ChamberF110] in accordance with Part 3 of that Schedule.

(2)A claim is also within this section if it must be made in accordance with appeal arrangements within the meaning of Part 4 of that Schedule.

(3)Schedule 17 (disabled pupils: enforcement) has effect.

Cases considering section 116 5

GP v The Lime Trust

[2023] UKUT 77 (AAC) · 23 March 2023

Applied to identify the First-tier Tribunal’s education jurisdiction, read with Part 2 of Schedule 17. That jurisdiction covered claims that a responsible body contravened Chapter 1 of Part 6 because of disability. (see paras [21], [49])

AA and CC (R on the application of) v SECRETARY OF STATE FOR EDUCATION & Anor

[2022] EWHC 1613 (Admin) · 23 June 2022Defines

Defines claims within the FTT route by reference to claims made under Part 2 of Schedule 17. (see para [16])

The Governing Body of a School v M

[2026] UKUT 161 (AAC) · 24 April 2026Defines

Confirms that disability discrimination education claims within section 116 are governed by Schedule 17, including its special enforcement and time-limit provisions (see paras [29]-[31]).

What each judgment says about section 116 is in the case-law panel in the full Act.

Explanatory note

381.This section sets out which education-related claims under the Act are outside the jurisdiction of the county and sheriff courts. These are claims about discrimination because of disability in schools which should be brought instead in specialist tribunals (there is a separate tribunal for England and Wales and for Scotland).

382.The position for England and Wales remains unchanged. As noted in relation to section 114, the Act for the first time enables disability discrimination in schools cases in Scotland to be heard in the Additional Support Needs Tribunals (Scotland) rather than the sheriff courts, where they were previously heard.

All the explanatory notes for the Act

Amendments and notes

3 notes from legislation.gov.uk

Amendments

  1. F109Words in s. 116(1)(b) substituted (E.W.) (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 19(2); S.I. 2021/373, art. 8(j)(xxxiii)
  2. F110Words in s. 116(1)(c) substituted (S.) (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 4(2)

Commencement

  1. I36S. 116 wholly in force; s. 116 not in force at Royal Assent see s. 216; s. 116(3) in force for certain purposes at 4.8.2010 by S.I. 2010/1966, art. 2; s. 116(1)(a)(b)(2) wholly in force and s. 116(1)(c)(3) in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(b)-(d) (with art. 15, and subject to transitional provision in art. 7); s. 116(1)(c)(3) in force at 18.3.2011 in so far as not already in force by S.I. 2010/2317, art. 3(a)(b) (with art. 15, and subject to transitional provision in art. 7)