addi tional
Introduction
This form is available in larger font and in other languages.
If you require any information regarding the completion of this form please call us
on 0141 302 5860.
T
he Additional Support Needs part of the Health and Education Chamber of the
First-tier Tribunal for Scotland 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.
S
chools must not treat disabled pupils less favorably 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.
A
disability discrimination claim may be made in the following circumstances. It is
unlawful for a school to discriminate against a disabled applicant or pupil in relation
to:
a
dmissions
t
he provision of education
a
ccess to any benefit, facility or service (this and provision of
education covers all aspects of school life and the teaching of disabled
pupils)
exclusions
any other detriment
The procedures are governed by The First-tier Tribunal for Scotland Health
and Education Chamber Rules of Procedure 2018 ('the 2018 Rules') (schedule
to SSI 2017/366)
Revised January 18 1
PLEASE ENCLOSE ANY DOCUMENTS YOU THINK WOULD HELP THE
TRIBUNAL UNDERSTAND YOUR CLAIM.
To help you:
There is an information note on our website at
https://www.healthandeducationchamber.scot/additional-support-
needs/publications/information-notes
If you don’t have access to the internet, call us on 0141 302 5860 and a copy
of the information notes can be sent to you.
When you have completed the form please send to:
Additional Support Needs
Health and Education Chamber
First-tier Tribunal for Scotland
Glasgow Tribunals Centre
20 York Street
Glasgow
G2 8GT
Please do not delay, as a claim should be received within 6 months of the alleged
discrimination.
Revised January 18 2
Disability Discrimination Claim Form
If you require any information regarding the completion of this form please call us on
0141 302 5860.
If you are a child aged between 12 and 15 years, you can complete your own form, which
you can access here:
https://www.healthandeducationchamber.scot/needstolearn/make-claim
Section 1 Contact details
You (parent, or person making your own reference)
Mr/Mrs/Miss/Ms/Other:
Surname:
First name(s):
Relationship to Child (if applicable):
Address:
Town:
Postcode:
Telephone:
Mobile:
Email:
Fax:
I give my permission to send correspondence by email.
Yes
No
Please note, for Data Protection purposes any case sensitive information can only
be released to a secure email address. If you do not have a secure email address
then all case sensitive information will be sent by post
Signature:
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Please provide the names and addresses of both parents of the child or
young person below.
Name:
Address:
Relationship to Child/Young Person (if applicable)
Name:
Address:
Relationship to Child/Young Person (if applicable)
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Representative (if applicable)
You have the right to have someone act as your representative when you
make a claim. It could be someone who is experienced in representing at Tribunals
or who is legally qualified.
If you name a representative, you should be aware that all of our
letters and correspondence will normally be sent only to them.
If you send your claim without naming a representative but later change your mind,
a representative can be added at any time before the hearing but you must write
and confirm. Also, if you change your representative, you must write to us with the
details as soon as possible.
Representative’s details
Mr/Mrs/Miss/Ms/Other:
Surname:
First name(s):
Company or Organisation:
Profession
Legal Non-Legal
Address:
Town:
Postcode:
Telephone:
Mobile:
Email:
Fax:
Revised January 18 5
Supporter
In addition to a representative you are entitled to have someone attend any hearing
to support you. This could be someone from a support group or a friend who knows
about your claim. Any supporter will not be able to take any active part in the
hearing.
Enquire, the Scottish advice service for additional support for learning, can provide
details of support and advocacy groups in your area.
You can contact them on: 0345 123 2303 or www.enquire.org.uk
Revised January 18 6
Independent Advocate (for child or young person)
If the child or young person has an independent advocate please provide details:
Mr/Mrs/Miss/Ms/Other:
Surname:
First name(s):
Company or Organisation:
Profession
Address:
Town:
Postcode:
Telephone:
Mobile:
Email:
Fax:
Revised January 18 7
Section 2 Person who has been discriminated against
Surname:
First Name(s):
Date of Birth:
Male/Female:
Is the child or young person looked after by a local authority (within the meaning of
section 17(6) of the Children (Scotland) Act 1995)?
Yes
No
Section 3Description of disability
Please state:
(a) any diagnosis, if available
(b) the approximate date of the start of the condition(s) if not present from birth
Revised January 18 8
(c) describe the disability or disabilities
(d) any medication or treatment regime
(e) how it affects the ability to carry out normal day-to-day activities
(f) any variability in the condition
You may find it helpful to submit any medical evidence which you have available
with this form if this helps to indicate the extent of the disability.
If there is a co-ordinated support plan (CSP), you should also include a copy of the
latest version of the plan.
If we require further information on this disability, we may issue a supplementary
form for you to complete.
Revised January 18 9
Section 4Communication and other support needs
We will do our best to meet any communication or support needs you may have;
there will be no cost to you.
For instance, if you need our correspondence translated or in a larger font; or if you
need a signer or interpreter please let us know.
Section 5Your claim
What are you claiming against?
Please tick the boxes that apply.
Admission to school.
Exclusion from school.
Another issue to do with education.
If your claim concerns a school or education setting, please give details of the
school or education setting concerned.
Education Authority or School Management Board:
Address:
Town
Postcode
Telephone
Email
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When did the alleged discrimination take place?
Please give the date or dates. If the conduct took place between given dates then
specify. If you are unsure of the exact date(s) then indicate that they are
approximate. If the conduct or failure is ongoing then please indicate the whole
period concerned.
How did the alleged discrimination take place?
Please describe:
(a) what happened
(b) the location
(c) why you consider the conduct to be wrong
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(d) please give the names of the person(s) involved
(e) in what way was the disability the reason for the alleged discrimination.
If you have received letters from the school or education authority which relate to
the matter you are claiming about, you should send copies of these with this form
as well as any other relevant information.
Please give as much detail as you can.
Please continue on a separate sheet of paper if necessary.
Revised January 18 12
If your claim is time critical such as an exclusion or if it affects an event that has not
yet happened e.g. a school trip, that is in the future, please let us know if you would
like to request a shorter case statement period and provide any relevant
information as to why the claim should be dealt with as an emergency.
Section 6Putting things right
The Tribunal has no power to award money as compensation for any discrimination
that may have taken place. If the Tribunal decides the claim in your favour, what
result are you seeking?
Some remedies that the Tribunal may order include:
A statement that discrimination has occurred;
A written apology;
Training to be provided to school staff;
Policies to be developed;
Re-instatement in the school;
You may also indicate any other remedy not stated above.
Please note that whatever you request, the Tribunal may decide that there is a
more appropriate remedy and may direct that this be awarded as well or instead.
Revised January 18 13
Section 7Additional Support Needs References
The Tribunal also deals with appeals against decisions made by education
authorities about children’s and young people’s additional support needs.
If you have made or are making a reference on additional support needs, would
you like the Tribunal to hear this claim at the same time as your reference (if it is
considered appropriate to do so)?
Yes
No
Date you sent your reference in:
Reference number:
(if you have already been given one)
Have you used a mediation service to try to resolve this issue?
Yes No
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Section 8Sending us your claim
Signature:
Print Name:
Please delete as appropriate: Person who was discriminated
against/parent of person discriminated against/representative.
Date:
Once you have filled in the claim form, make sure that you have signed it if it is not
being submitted by email.
Then, please send the form and all other relevant documents to us at:
Additional Support Needs
Health and Education Chamber
First- tier Tribunal for Scotland
Glasgow Tribunals Centre
20 York Street
Glasgow
G2 8GT
This claim form can also be submitted by email
ASNTribunal@scotcourtstribunals.gov.uk
At the same time you are also required to send a copy of your claim to:
Equality and Human Rights Commission
2nd Floor, 151 West George Street
Glasgow
G2 2JJ
By email to: LegalRequestScotland@equalityhumanrights.com
You must send your claim to us within six months of the alleged discrimination
taking place.
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What Happens Next?
We will check your claim form to see if the Tribunal can deal with the matters you
have raised. If we need further information, we will contact you.
When we are sure that we can proceed, we will register your claim. We will then
send you guidance about preparing your case statement. We will copy your claim
to the Responsible Body when it is registered and also your case statement so they
can respond. There is an information note on making a disability discrimination
claim on the Health and Education Chamber website.
You are given 20 working days (4 weeks) to prepare a case statement. The
responsible body has a further 10 working days to produce their response to this.
You might think you have submitted enough information in your claim. You do not
need to prepare a case statement but you may need further time to consider if
there is any other information which might assist the Tribunal to understand your
child and their needs.
If you want your case to proceed as quickly as possible or think you may need
more time you may ask for these time periods to be changed.
A tribunal will comprise of three people one will be a legal member who is an
experienced lawyer and the other two are specialist members, with expertise in
education, social work or health. Occasionally a tribunal will be made up of one
legal member, sitting alone. The hearing will normally be held close to your home.
We will send you more information at the end of the case statement period. All
hearings are allocated at least a full day. More complex hearings may be allocated
more time.
For further information:
www.healthandeducationchamber.scot
0141 302 5860
Revised January 18 16
Ethnic Monitoring
In order to record the diversity of users, we would ask you to tick one of the boxes.
Giving this information is entirely optional; it will have no effect on how your claim is
progressed.
We operate stringent data management procedures and will keep your information
secure. We are registered under the Data Protection Act.
This page will be detached from your claim and destroyed. The statistical data we
gather from this sheet is kept in a separate electronic file from the claims themselves.
Ethnic origin of person discriminated against:
White:
Scottish
Other
British Irish
Any other white background Please specify:
Mixed:
Any other mixed background Please specify:
Asian, Asian Scottish or Asian British:
Indian
Pakistani
Bangladeshi
Chinese
Any other Asian background Please specify:
Black, Black Scottish or Black British:
Caribbean
African
Any other black background Please specify:
Other ethnic background:
Any other background Please specify:
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