Rulebook · Way to challenge
Disability discrimination claim against a school
A claim to the SEND Tribunal that a school has discriminated against a disabled pupil. Examples are not making reasonable adjustments, or treating the pupil unfavourably because of their disability, including by excluding them. It is separate from an appeal about an EHC plan. A pupil does not need an EHC plan to be covered.
Who can use it: The parent of the pupil. A pupil over compulsory school age may be able to bring a claim in their own name. Time limit: The claim must normally reach the Tribunal within the 6 months starting with the date of the discrimination, so by the day before the same date 6 months later. If it went on over a period, the 6 months count from the end of that period. The Tribunal's rule that leaves out days in August and from 25 December to 1 January does not apply to the time for making a claim. The Tribunal can consider a late claim, but it does not have to.
- Alongside other ways
- It can run alongside an EHC plan appeal, a school complaint or an exclusion review. Each has its own process and time limit.
- Cost
- No fee. Each side normally pays its own costs.
What it can do
- The Tribunal can order the school to take the steps it thinks fit to reduce the effect of the discrimination, such as training, a change of policy, an apology or extra support.
- In a claim about a permanent exclusion, it can order the pupil to be taken back.
What it cannot do
- It cannot award money (compensation).
- It cannot hear claims about the council's own services; those go to the county court.
- It does not change the EHC plan.
- Where there is an admission appeal process, a claim about a refused school place is made through it instead.
- Type of rule
- Law (Act or Regulations)This is the law, set by an Act of Parliament or by Regulations.
- Rule id
route.disability_discrimination_claim- Rules version
- england-2026.10
- Law as at
- 30 September 2026
Sources
- Equality Act 2010, s 85Law (Act or Regulations)
- Equality Act 2010, Sch 17 para 3Law (Act or Regulations)
- Equality Act 2010, Sch 17 para 4Law (Act or Regulations)
- Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 12(3A)Law (Act or Regulations), to verifyOpen: whether r 12(1) (5pm) and r 12(2) (next working day) apply to the Equality Act 2010 Sch 17 para 4 time limit for a claim. They apply to times set "by these Rules, a practice direction or a direction", and r 20(1)(a) applies the statutory limit "in accordance with that enactment". Neither is stated for discrimination claims until this is settled.
- Equality Act 2010, Sch 17 para 5Law (Act or Regulations)
- Equality Act 2010, s 114Law (Act or Regulations)
- Equality Act 2010, Sch 17 para 13Law (Act or Regulations)
- Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 10Law (Act or Regulations)
Related
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