From 6 July 2011, pupils in Wales are able to bring disability discrimination claims, relating to acts of discrimination in schools, to the Special Educational Needs Tribunal for Wales. This is the effect of the imaginatively named The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (SI 2011/1651 (W187)). The need arises out of the repeal of the Disability Discrimination Act 1995 by the Equality Act 2010.
The Order amends – through the mechanism of the amendment of the Education (Wales) Measure 2009 – Schedule 17 to the Equality Act 2010. Specific Welsh paragraphs are added into Schedule 17, including one making provision for ‘case friends’ to make representations on the child’s behalf. The amendments are quite substantial, and should be read by those practising in the area.
The full Order can be viewed here.