Part IV Education
F2Chapter 1 SCHOOLS
F1Enforcement: England and Wales
Pt. IV Ch. 1: Cross-heading and s. 28H inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 17(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1
28IF3 Jurisdiction and powers of the Tribunal
1
A claim that a responsible body—
a
has discriminated against a person (“A”) in a way which is made unlawful under this Chapter, or
b
is by virtue of section 58 to be treated as having discriminated against a person (“A”) in such a way,
may be made to the F4appropriate tribunal by A’s parent.
2
But this section does not apply to a claim to which section 28K or 28L applies.
3
If the F4appropriate tribunal considers that a claim under subsection (1) is well founded—
a
it may declare that A has been unlawfully discriminated against; and
b
if it does so, it may make such order as it considers reasonable in all the circumstances of the case.
4
The power conferred by subsection (3)(b)—
a
may, in particular, be exercised with a view to obviating or reducing the adverse effect on the person concerned of any matter to which the claim relates; but
b
does not include power to order the payment of any sum by way of compensation.
F55
Subject to regulations under section 28J(8), the appropriate tribunal—
a
for a claim against the responsible body for a school in England, is the Tribunal,
b
for a claim against the responsible body for a school in Wales, is the Welsh Tribunal.
Pt. IV: Chapter heading, cross-heading and s. 28A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 11(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1