Rights of child over compulsory school age

12Rights of child over compulsory school age in relation to disability discrimination claims

1

In Article 22 of the Special Educational Needs and Disability (Northern Ireland) Order 2005 (jurisdiction and powers of the Tribunal) in paragraph (1) for “by A's parent” substitute

—

i

by A, if A is over compulsory school age; or

ii

by A's parent in any other case.

2

In Article 23 of that Order (Tribunal procedure) after paragraph (2) insert—

2A

In a case falling within Article 22(1)(i) where a claim is made by A, the regulations may in particular make provision—

a

about assistance and support to enable A to pursue the claim;

b

for cases where, in the opinion of the Tribunal, A lacks (or may lack) capacity to pursue the claim, including provision—

i

for, and in connection with, determining whether A lacks capacity to pursue a claim (including the criteria to be applied in making that determination);

ii

for A's parent to pursue the claim in a case where it is determined that A lacks capacity to do so;

iii

for provisions of the regulations to apply with modifications in relation to such a claim.