You must have a disability and think you have been treated unfairly to make a claim.
Can I make a claim?
If you think that you have been treated unfairly at school because you have a disability (the law calls this ‘discrimination’) you might be able to make a disability discrimination claim to the Tribunal.
You can make a claim yourself if you have capacity to do this. In Scotland, the law says that most children aged 12 years and over have capacity to make a claim. To make a claim you must:
- Have a disability, AND
- Be in school education, AND
- Think you have been discriminated against because of your disability.
If you don’t want to make a claim yourself, your parent can make a claim for you.
What is discrimination?
Your discrimination claim can be about any part of your education or school life. For example, if you have been excluded and you think this is unfair because it relates to your disability; or you have not been able to attend a school trip because of your disability.
Am I disabled?
The law says you are disabled if you have a physical or mental impairment that has a substantial adverse effect on your ability to carry out normal activities.
The impairment should last for more than a year.
This could include conditions like cerebral palsy, autism, anorexia nervosa or a serious visual or hearing impairment.
How do I make a claim?
You can complete the form yourself. If you have someone representing you they can complete the form for you or help you to complete it. If you have an independent advocate, they can help you to complete the form.
There is a guide which will help you to make a disability discrimination claim.
The claim you make will be against the education authority or trustees who run your school if it is an independent or grant-aided school.
On the form, you will have to describe your disability and how it affects you.
You will need to explain these three things:
- when you believe you were discriminated against AND
- what happened AND
- what you want done to put things right
You should also think about any people you wish to come to your hearing to speak about the discrimination you think has taken place (we call them 'witnesses') and write their names and addresses and how they can be contacted on the form.
You may have letters or papers that you think support your claim. Send these in with your claim form.
Keep a copy
Remember to keep your own copy of everything you send.
Within 6 months
Be careful about time because your claim must be made within 6 months from the date when you think you have been discriminated against.