The Equality Act 2010 provides that schools, colleges and universities cannot discriminate against a student in respect of admissions, provision of education, access to services and exclusions.
Discrimination claims against schools can be brought in the Special Educational Needs and Disability Tribunal. The tribunal has the power to order schools to take certain action or to issue an apology. However the tribunal does not have power to aware compensation. Therefore if compensation is sought then a claim should be brought in the County Court.
Discrimination claims against universities should be brought in the County Court. There are strict time limits to bring a claim.
Cartwright King is able to offer legal aid in respect of education law advice and assistance in the following categories:
- Special Educational Needs including Education, Health and Care Plans;
- discrimination in education; and
- public law challenges to education matters.
To find out if you are eligible you first need to contact Civil Legal Advice who will assess your financial circumstances and the nature of your case. The contact details for Civil Legal Advice can be found here.
If you are eligible for legal aid and are referred to Cartwright King either because we are the closest legal aid provider to you, or you have expressed a preference to be referred to Cartwright King then we will arrange an appointment with you to discuss your case. You will be given a reference number that you will need to provide. The appointment will usually be at our Nottingham or Leicester offices but if you are unable to access those offices we may be able to meet you elsewhere, for example in our Derby or Birmingham offices.
If you would like a preliminary discussion with someone to see if your case may be covered by legal aid or you would like to know more about the process, please contact us.
If you are assessed as not eligible for legal aid then we would be happy to discuss other payment options with you.