Even though it's perceived as a violation of human rights, education discrimination is far more common than one might think. Luckily, there are many viable ways for the victims to take legal action, no matter whether it has occurred in a school, college, or university.
To start things off, figure out what you want to achieve. Is it a change in policy, an apology, or money to compensate for your stress? Next, consider resolving the issue in an informal way. Unlike taking things to court, it can bring about the desired results in a timely manner for little to no money.
If taking legal action seems like the only viable option, bear in mind that doing so against education providers has a very strict time limit of six months. So, before taking things any further, make sure that it's been less than half a year since the act of discrimination occurred.
Having done that, you might want to find a legal professional who will evaluate your case, like the ones presented on https://cartwrightking.co.uk. Nevertheless, it’s also worth knowing more about various formalities associated with discrimination in education. Keep on reading to find more details!
Why Are You Facing Discrimination?
It's important to note that for the discrimination to be considered unlawful, it has to occur on the basis of certain reasons called protected characteristics. Those characteristics include race, national origin, religion, disability, and sexual orientation, among other things.
When it comes to discrimination in education, students possessing at least one of the characteristics mentioned above are at a much greater risk of being discriminated against than their peers. As a result, the Department of Education and many educational facilities have already developed procedures meant to tackle discrimination to make minority students feel safer.
Making a Formal Complaint
Every education provider has a set of regulations for its students. Those regulations usually include detailed complaints procedures. Nowadays, you should be able to access these documents by looking them up on the education provider's website. If you can't find them, simply asking about it in an e-mail or a phone call should do the trick.
Usually, making a formal complaint requires writing an e-mail or a letter to the headteacher and the governing body and providing them with a detailed explanation of your problem. Due to the fact that such correspondence can serve as crucial evidence in court, remember to keep a copy of everything you send and receive.
If making a formal complaint doesn't solve the problem, and your education provider is either a school or a college, consider contacting your governor. If you are based in England, their contact information can be found through the official register of schools and colleges.
Taking Court Action
Provided that you tried to resolve your issue in other ways first, it'd be best to make a discrimination claim against your education provider's responsible body in the County Court. As mentioned before, such a claim generally has to be made within six months of the discrimination happening. However, if the court considers it equitable and just, it can allow a claim outside of the time limit.
First of all, you need to send a letter before claim to the person or organization that you want to take action against. The letter should explain what happened to you and why you think it should be perceived as unlawful discrimination. To find out what else needs to be included in your letter, check out this official Practice Direction on pre-action conduct.
Next, to start court proceedings, you will have to pay a special fee. If you are on a low income or receive some benefits, you can apply for a fee reduction. On top of that, you need to issue a claim form, which has to contain a comprehensive explanation of why you are taking court action and what kind of order you want the court to make. In turn, the defendant has to complete a defence form, which details what they agree and disagree with in your claim form.
Conclusion
After you make your claim in court, you have to wait for the defendant to respond it. Their response will determine what happens next. As a result, you will simply have to be patient and wait for a bit before your case starts to gain momentum.
In this day and age, access to equal educational opportunities is viewed as one of the cornerstones of a progressive society. Every occurrence of education discrimination is treated very seriously. As a result, provided there is enough evidence, the vast majority of cases related to it end in favour of the plaintiff.
Remember, if either you or your loved one have been discriminated against, don't be afraid of taking legal action. If your education provider starts mistreating you because you did so, it is also viewed as a form of unlawful discrimination, which can make for an even stronger case in court!
