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Disability and Schools
Overview
Schools have a duty to support SEND (Special Educational Needs and/or Disabilities). A person is classed as disabled under the Equality Act 2010 if they have:
a physical or mental impairment that has a substantial and long-term negative effect on a person’s ability to carry out normal day-to-day activities.
- Mental impairment includes but not limited to: learning difficulties, autism, dyslexia, speech and language difficulties, attention deficit hyperactivity disorder (ADHD).
- Physical impairment includes but is not limited to: sensory difficulties such as visual or hearing impairments.
- Normal day-to-day means things that people do on a regular basis, for example, mobility, dressing or cleaning (physical co-ordination), and having a conversation.
- Long-term usually means the impairment should have lasted or be expected to last at least a year.
- Substantial means not minor or trivial.
Some specified medical conditions, HIV, multiple sclerosis, and cancer are all considered disabilities, regardless of their effect.
The Equality Act 2010 (1.9) also states that:
It is unlawful for a school to discriminate against a pupil or prospective pupil by treating them less favourably because of their:
- sex
- race
- disability
- religion or belief
- sexual orientation
- gender reassignment
- pregnancy or maternity
These are known as ‘protected characteristics‘.
In England and Wales, the Equality Act 2010 (the ‘Act’) applies to all maintained and independent schools, including Academies; and maintained and non-maintained special schools.
Disability Discrimination
The Act makes it unlawful for the responsible body of a school (i.e. the Local Authority for maintained schools in England and Wales or the Governors for non maintained schools), to discriminate against, harass or victimise a pupil or potential pupil with these protected characteristics:
- in relation to admissions,
- in the way it provides education for pupils,
- in the way it provides pupils access to any benefit, facility or service, or
- by excluding a pupil or subjecting them to any other detriment.
There are different types of Disability Discrimination:
- Direct
- Indirect
- Discrimination arising from a disability
- Harrassment
Reasonable Adjustments
Where a child (or parent) has a disability under the Equality Act, there is also a duty on schools (and the LA) to make reasonable adjusments.
- Where something a school does places a disabled pupil at a disadvantage compared to other pupils then the school must take reasonable steps to try and avoid that disadvantage.
- Schools will be expected to provide an auxiliary aid or service for a disabled pupil when it would be reasonable to do so and if such an aid would alleviate any substantial disadvantage that the pupil faces in comparison to non-disabled pupils. Schools are not subject to the requirement of reasonable adjustment duty concerned with make alterations to physical features because this is already considered as part of their planning duties.
Disability Discrimination and Exclusions
If a child has received sanctions or exclsuions (either fixed term, also known as suspensions or permanent), and you feel that the nursery, school or college have failed to make reasonable adjustments for their disability, please take a look at our sanctions and exclusion pages. School Sanctions and Exclusions
Detailed Information and Guidance
Information and Guidance on disability law and regulations (as well as Case Law)
If you think you will struggle to do any of this on your own then please do contact us by email: send.ias@westsussex.gov.uk or call us on: 0330 222 8555 to discuss how we may be able to support you.
Further Information
Disability rights and the Equality Act 2010 – GOV.UK
The Equality Act and Disabled people | Disability Rights UK
What are reasonable adjustments and when can they be requested
Check if you’re disabled under the Equality Act – Citizens Advice