Textual Amendments
F1Pt. 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
Textual Amendments
F2Pt. 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
(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.
[F5(5)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.]]
Textual Amendments
F3S. 28I inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 18 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1
F4Words in s. 28I(1)(3) substituted (1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 9(2) (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III
F5S. 28I(5) inserted (1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 9(3) (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III