PART IIIDISABILITY DISCRIMINATION IN EDUCATION
CHAPTER IIFURTHER AND HIGHER EDUCATION
Enforcement, etc.
Enforcement, remedies and procedures31
1
A claim by a person—
a
that a responsible body has discriminated against him F1, or subjected him to harassment, in a way which is unlawful under this Chapter,
b
that a responsible body is by virtue of Article 44 or 45 to be treated as having F2done so , or
c
that a person is by virtue of Article 44 to be treated as having F3done so ,
may be made the subject of civil proceedings in the same way as any other claim in tort for breach of statutory duty.
F41A
Where—
a
a claim is brought under paragraph (1), and
b
the claimant proves facts from which the court could, apart from this paragraph, conclude in the absence of an adequate explanation that the defendant has acted in a way which is unlawful under this Chapter,
the court shall uphold the claim unless the defendant proves that he did not so act.
2
Damages in respect of discrimination in a way which is unlawful under this Chapter may include compensation for injury to feelings whether or not they include compensation under any other head.
3
Proceedings may be brought only in a county court.
4
The remedies available in such proceedings are those which are available in the High Court
5
The fact that a person who brings proceedings under this Chapter against a responsible body may also be entitled to bring proceedings against that body under Part II of the 1995 Act is not to affect the proceedings under this Chapter.
6
Part II of Schedule 2 makes further provision about the enforcement of this Chapter and about procedure.