The Equality Act 2010 states that schools should not discriminate against a pupil because of her or his disability.
All schools, irrespective of funding or management arrangements, have obligations arising from the Equality Act. DfE Guidance is available to schools
There is an expectation that schools should remove any barriers that pupils may face as a result of their disability so that they are able to access and participate in education in the same way as those without any disability.
There is an anticipatory duty within the Equality Act, that schools should consider in advance what arrangements and adjustments should be made.
The Equality Act expects schools to make reasonable adjustments in relation to:
- Admissions
- Exclusions
- School trips
- Attendance at school
- Help and support in school – whether or not the pupil has an EHCP
- Learning activities and materials
A pupil is regarded as disabled if s/he has a physical or mental impairment which has a substantial and long-term adverse effect on the ability to carry out normal day to day activities.
An education provider has a duty to make ‘reasonable adjustments’ to make sure disabled students are not discriminated against. These changes could include providing extra support and aids, such as specialist teachers or equipment.
The definition of physical and mental impairments is broad.
Many concerns about possible discrimination can and should be resolved with meetings at school, but it is possible to make a claim regarding disability discrimination to the Special Educational Needs and Disability Tribunal (SENDIST).
Parents can make claims using Form SEND4A and young people on Form SEND4B .