Fillable Disability discrimination claim by a parent (Cabinet Office)

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Disability discrimination claim by a parent (Cabinet Office)

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1
Disability discrimination claim by a parent
SEND4A - Disability discrimination claim by a parent (10.20) © Crown copyright 2020
Please use black ink and write as clearly as you can if completing by hand.
Use this form only if you can tick both of these boxes.
Section 1: Your child’s details
Surname
First name(s)
Section 2: Details of who is making this claim
Special Educational Needs and Disability Tribunal
Date of birth
/ /
Gender
Boy Girl
I am not asking the Tribunal to
order a school to reinstate my child after a
permanent exclusion.
I have parental responsibility for the child or
I live with the child and the child has not reached
school leaving age*.
Surname
First name(s)
Address
Postcode
Relationship to the child (e.g. parent, foster parent or
person who has care of the child)
Address of any other person/organisation with parental
responsibility
Postcode
Telephone number(s)
Email
Name of any other person/organisation with parental
responsibility
Mr Mrs Miss Ms
Other
1
st
Claimant
Is there any reason why we should not send them details
of the claim?
* A young person reaches this age on the last Friday in June in the academic year he or she turns 16 (the academic year ends at the end of
August). After this age he or she must make their own claim. More detail is given in the Tribunal’s Guide to making a disability discrimination
claim against a school - a guide for a young person who wants to make a claim.
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2
Surname
First name(s)
Professional status (e.g. solicitor, friend)
Is your representative legally qualied?
Yes No
Address
Postcode
Mr Mrs Miss Ms
Other
If you have a representative, please give details
Who should receive information about your claim? Tick one box only.
You (1
st
claimant) Representative
Surname
First name(s)
Address
Postcode
Relationship to the child
Telephone number(s) Email
Mr Mrs Miss Ms
Other
2
nd
Claimant (if a joint claim)
Telephone number(s)
Email
Fax
3
Section 3: Details of who the claim is against
Name of the school you are claiming against
Type of school
Maintained by local
authority
(state name of
authority)
Address of the school you are claiming against
Postcode
Academy/free school
Independent (Private) school
Section 4: The date when the discrimination occurred
The Tribunal will not register your claim if you do not tell us this date.
Date/most recent date of discrimination
/ /
Section 5: Information about your claim
Please leave blank the parts which do not apply. If you need more space continue on page 6 or on a separate piece of paper.
My child has been excluded for one or more xed terms
Please give the start and end date for each exclusion and, briey, the reasons given by the school for the exclusions
(e.g. “The head teacher said he assaulted another pupil”).
Exclusion 2
Exclusion 3
Exclusion 1
Email address for the school or chair/clerk to the governing body (if you know it)
Telephone number
4
My child was excluded from one or more school trips or activities
Please give a brief description of each trip or event (e.g. “residential trip to Derbyshire”) with dates of the trip and date of
any decision or decisions about that trip or event.
Trip/event 2
Trip/event 3
Trip/event 1
Unfavourable treatment 1
My child has experienced unfavourable treatment
Please describe briey each instance of unfavourable treatment (e.g. “My child was given after school detention”).
Give dates as precisely as possible.
Unfavourable treatment 2
Unfavourable treatment 3
5
Adjustment 1
My child was disadvantaged because the school failed to make reasonable adjustments
Describe briey the disadvantage to your child, the particular adjustment(s) which were needed, when they should have
been put in place and what was done instead.
Adjustment 2
Adjustment 3
I am claiming because of some other discriminatory act(s) by the school
Please give brief detail, including dates, of any other claims of discrimination by this school.
6
More detail about your claim
Use the box below if you did not have room to list all your claims. Please give more detail about each of the claims, in
particular:
• what happened, who was involved, and when
• why what happened related to your child’s disability, (or the disability of someone your child is associated with)
• how the school should have acted instead
• which documents are important (see also Section 7 below)
7
Section 6: Your child’s disability
Please describe your child’s disability and explain how it aects your child on a day-to-day basis. A copy of any medical
or professional diagnosis, and any statement of special educational needs, should be included. (If you are claiming that
your child has been discriminated against because of another person’s disability please give details about that person’s
disability and the relationship of that person to your child.)
If you need more space please continue on a separate sheet of paper but make sure that it is rmly attached to the form.
Section 7: Late claims
We cannot normally accept a claim if we receive it more than six months after the date of the discrimination you
are claiming about. This means the date of the act of discrimination; or the date when the school decided not to do
something. If there was a series of connected acts, it means the date of the most recent one.
If your claim is late, please explain here why the claim is late and why it is important that it should be accepted.
If your claim is not late, please go straight to Section 8.
If you need more space please continue on a separate sheet of paper but make sure that it is rmly attached to the form.
8
Section 8: Putting things right – governing body or proprietor
The Tribunal has no power to order a school to pay you compensation. It can only make orders against the responsible
body (normally the governing body or proprietor) for a school, not against an individual.
If the Tribunal decides in your favour, what would you like it to order? You may like to add why you think any order you
are asking for is appropriate.
If you need more space please continue on a separate sheet of paper but make sure that it is rmly attached to the form.
Section 9: Documents you need to send with your claim
Depending on the basis of your claim, we need copies of the following documents, if you have them:
1. Documents provided by the school setting out any decision it made which forms part of your claim (e.g. an
exclusion letter from the head teacher, minutes of a meeting about your child)
2. Any document which helps the Tribunal to understand your disability (e.g. a statement of special educational needs,
a relevant medical report, an assessment by a therapist or psychologist)
3. Correspondence with the school about the issues in the claim
4. Other educational documents, for example your school report, individual educational plan, school policies
5. Other documents (for example a statement from another parent, another organisation)
9
Please list the documents you are sending with the claim, the date of each document and number of pages, its author
(if known), and, if it is not obvious, why the document is relevant.
If you need more space please continue on a separate sheet of paper but make sure that it is rmly attached to the form.
Date of document and
number of pages
Name of person who signed or
wrote it (or type of document)
What is the relevance of this
document?
10
Section 10: Special requirements
If you or another person have any special requirements, including adjustments which may be needed at the place the
hearing is held, please tell us in the box below.
Section 12: Sign below
Please check you have completed all relevant parts of this claim and then sign or ask your lawyer to sign for you.
I/We have completed this form to the best of my/our knowledge and ability and have enclosed copies of all relevant
documents.
Section 13: Sending us your claim
When you have completed the claim form and signed it, please make sure you keep your own copy, and then send it and
all other relevant documents to:
HM Courts & Tribunals Service
Special Educational Needs and Disability
1st Floor
Darlington Magistrates’ Court, Parkgate
DL1 1RU
Or email it with electronic copies of all the necessary documents to
send@justice.gov.uk
Phone: 01325 289350
Email: send@justice.gov.uk
Fax: 0870 739 4017
1
st
Claimant’s signature
and
2
nd
Claimant’s signature
(if joint claim)
Or
Your solicitor’s signature
(a qualied lawyer can sign on your
behalf with your permission)
Date
/ /
Section 11: Other appeal or claim
Do you have an other claim or appeal with the Special Eductation Needs and Disability?
No
Yes, date sent claim/appeal number
/ /
11
The Ministry of Justice and HM Courts and Tribunals Service processes personal information about you in the context of
tribunal proceedings.
For details of the standards we follow when processing your data, please visit the following address https://www.gov.uk/
government/organisations/hm-courts-and-tribunals-service/about/personal-information-charter
To receive a paper copy of this privacy notice, please call 0300 123 1024 Textphone 18001 0300 123 1024. If calling from
Scotland, please call 0300 790 6234 Textphone 18001 0300 790 6234.
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Disability discrimination claim by a parent (Cabinet Office)

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Completed 14 July 2021

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