Disability Discrimination

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Every child should be able to access education without being disadvantaged because of a disability.

If your child is being treated unfairly at school because of their disability, or the school is failing to make reasonable adjustments, you may have grounds to challenge what is happening.

Disability discrimination can arise in many areas of school life, including education, attendance, exclusions, school trips, activities, behaviour and the application of school policies.

Our specialist education solicitors can help you understand your child’s rights, whether discrimination may have occurred and what you can do next.

What is disability discrimination?

The Equality Act 2010 protects disabled children and young people from discrimination in education.

This can include:

  • Treating a child less favourably because of their disability
  • Treating a child unfavourably because of something arising from their disability
  • Applying a policy or practice that places a disabled child at a substantial disadvantage
  • Failing to make reasonable adjustments
  • Harassment or victimisation because of disability

Whether something amounts to unlawful discrimination will depend on the individual circumstances.

What are reasonable adjustments?

Schools have duties to make reasonable adjustments where a disabled child would otherwise be placed at a substantial disadvantage.

Adjustments will depend on the child’s needs and circumstances. They could include changes to school policies, additional support, changes to how activities are organised or adjustments to the way a child accesses education.

Reasonable adjustments are separate from, but can work alongside, SEN support and an EHCP.

When might discrimination occur?

Disability discrimination can arise in many situations, including:

  • Exclusions and disciplinary action
  • Difficulties with attendance
  • Behaviour linked to a disability
  • School policies and rules
  • School trips and activities
  • Access to education and support
  • Admissions
  • The school’s response to a child’s individual needs

A decision does not have to be deliberately discriminatory to raise concerns. For example, a policy that applies to all pupils may still place a disabled child at a particular disadvantage.

What can I do if I believe my child has been discriminated against?

It is important to understand exactly what has happened and how it may relate to your child’s disability.

Depending on the circumstances, you may be able to raise your concerns with the school or pursue a disability discrimination claim through the appropriate tribunal.

In England, certain disability discrimination claims involving schools are dealt with by the First tier Tribunal (SEND). In Wales, different arrangements apply through the Education Tribunal for Wales.

There are strict time limits for bringing claims, so it is important to seek advice promptly.

How can we help?

We can:

  • Review what has happened and advise whether it may amount to discrimination
    • Consider whether reasonable adjustments should have been made
    • Review relevant school policies, correspondence and evidence
    • Help you raise concerns with the school
    • Advise on the options for resolving the dispute
    • Assist with preparing a tribunal claim where appropriate
    • Represent you in tribunal proceedings

We understand that challenging a school’s approach can feel daunting, particularly when it concerns your child’s education and wellbeing.

If you believe your child is being disadvantaged because of their disability, we can help you understand their rights and decide what to do next.

Get in touch today

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