The ASN Tribunal can consider and decide claims of disability discrimination relating to pupils in school education in Scotland under the terms of the Equality Act 2010, Schedule 17, Part 3. It can consider appeals (claims) made by the parent or the person, where they have the capacity to make the claim, against the responsible body that has discriminated against the person because of a disability.
Schools must not treat disabled pupils less favourably because of their disability. Discrimination can also occur when a disabled pupil is placed at substantial disadvantage because reasonable adjustments have not been made to account for their disability.
The ASN Tribunal will hear disability discrimination claims against the responsible body, from the person's parent or where the person has capacity to make a claim, the person. The Equality Act 2010, section 6 defines a person with a disability as a person who has a physical or mental impairment and the impairment has a substantial and long-term adverse effect on his/her ability to carry out normal day to day activities.
The ASN Tribunal can hear claims of disability discrimination when this happens in an education setting in Scotland. This includes a school managed by an Education Authority, an independent school or grant aided school. It is unlawful for a school to discriminate against a disabled applicant or pupil in relation to:
• the provision of education
• access to any benefit, facility or service (this and provision of education covers all aspects of school life and the teaching of disabled pupils)
• any other detriment
The responsible body has a duty to make reasonable adjustments to support disabled pupils and to prevent them from being discriminated against.
It is also unlawful for a school to harass or victimise an applicant or pupil.
A parent or disabled pupil, who has the capacity to make a claim, may do so by completing the claim form which asks for the information necessary to make a valid claim. A child aged 12 or over is presumed to have legal capacity to bring a claim, unless the contrary is proven.
The President has produced an Information Note No 03/2018 on making a disability discrimination claim.