Disability discrimination claims in Scotland

What claims can the Tribunal hear?

The Additional Support Needs Tribunals for Scotland can hear all types of disability discrimination claims against schools.

Time limits

The Scottish Ministers can make rules covering the Tribunal procedures including the time limits for making a reference. What can the

Tribunal order?

The Tribunal may make any order it thinks appropriate in that individual case, often with the intention of trying to remedy the damage done to the disabled person and reduce any future disadvantage.

The Tribunal cannot order the payment of compensation but can order the school to apologise to a pupil, to carry out staff training and/or to change its policies and procedures.

Who can make a claim?

The parent of a disabled child can make a claim that their child has been discriminated against.

A disabled pupil who has capacity can make a claim that they have been discriminated against. A child aged 12 or over is presumed to have capacity.

Tribunal procedures

Scottish Ministers may make rules covering Tribunal procedures. These rules and guidance on complying with them will be available on the Tribunal website (www.asntscotland.gov.uk).

Last Updated: 24 Sep 2010