Disability Discrimination in Schools: The Equality Act 2010
For children with disabilities, accessing an inclusive and supportive education can sometimes be challenging. The Equality Act 2010 was introduced to protect disabled individuals from discrimination in education and other areas of life. For parents, students, and educators, understanding how this legislation applies in schools is essential to ensuring that students with disabilities are treated fairly. This guide explains the protections provided by the Equality Act 2010, particularly in the school setting, and outlines how families can respond to instances of discrimination.
What is the Equality Act 2010?
The Equality Act 2010 consolidated and simplified previous anti-discrimination laws, covering nine protected characteristics, including disability. In schools, this Act prohibits discrimination, ensuring students with disabilities have the same educational opportunities as others. Importantly, it applies to all school types, including state, independent, and academy schools.
Under the Act, schools have a duty to prevent discrimination, harassment, and victimisation of students with disabilities. By understanding these protections, families can better advocate for their children’s rights and ensure they receive fair treatment in education.
What Counts as a Disability Under the Equality Act?
To be protected under the Equality Act 2010, a student’s condition must meet the legal definition of a disability. According to the Act:
A disability is a physical or mental impairment that has a substantial and long-term adverse effect on the person’s ability to carry out normal day-to-day activities.
“Substantial” means the effect is more than minor or trivial.
“Long-term” means the condition has lasted, or is expected to last, for at least 12 months.
Some conditions, like cancer, multiple sclerosis, and HIV, are automatically considered disabilities, while conditions such as addictions or behavioural tendencies are excluded. Families unsure whether their child’s condition qualifies should consult with professionals or refer to official guidance on disability definitions.
Types of Disability Discrimination in Schools
The Equality Act 2010 identifies several types of disability discrimination that schools must avoid:
Direct Discrimination
Direct discrimination occurs when a student is treated less favourably because of their disability. For instance, if a school refuses admission solely based on a student’s disability, this would likely constitute direct discrimination.
Indirect Discrimination
Indirect discrimination happens when a school’s policy, practice, or rule puts students with disabilities at a disadvantage. For example, strict uniform policies or inaccessible classrooms could indirectly disadvantage disabled students.
Discrimination Arising from Disability
This type of discrimination occurs when a student is treated unfavourably due to something connected to their disability, like behaviours stemming from a condition such as ADHD. Schools must ensure that any disciplinary measures consider the student’s disability and related behaviours.
Failure to Make Reasonable Adjustments
Schools are required to make reasonable adjustments to ensure students with disabilities can fully participate in school activities. This may include providing auxiliary aids, altering disciplinary policies, or making physical adjustments to the school environment.
Harassment and Victimisation
Harassment is unwanted behaviour related to a student’s disability that creates an intimidating or offensive environment. Victimisation occurs when a student is treated poorly for asserting their rights under the Act, such as making a discrimination complaint.
The Duty to Make Reasonable Adjustments
Schools have a proactive duty to anticipate and implement reasonable adjustments to prevent disabled students from facing disadvantages. Reasonable adjustments could involve:
Providing specialised equipment, such as hearing aids or text readers.
Adjusting curriculum delivery or assessment methods.
Allowing additional time or support for tasks or tests.
These adjustments are meant to remove barriers to learning and ensure equal access. Schools are not required to make unreasonable adjustments, but they must demonstrate that they have considered the student’s needs and explored feasible solutions.
What to Do if You Suspect Disability Discrimination
If a parent or student believes discrimination has occurred, they can take the following steps:
Speak with the School
Open communication is often the most effective first step. Discuss the issue with teachers or SEN coordinators to understand the school’s perspective and seek a resolution.
Use the School’s Complaints Procedure
Most schools have a formal complaints process for parents to raise concerns. Following this process ensures the complaint is documented and taken seriously.
Consider Mediation
If initial discussions don’t lead to a satisfactory outcome, families can pursue mediation. Mediation is a less formal way to resolve disputes, involving an impartial mediator to help both parties reach an agreement.
File a Claim with the SEND Tribunal
If the issue remains unresolved, families may take their case to the First-Tier Tribunal (SEND), which handles disability discrimination claims. Claims must be filed within six months of the discriminatory event. The Tribunal has the power to order remedies, such as apologies, policy adjustments, or specific support measures.
Seeking Remedies Through the SEND Tribunal
If a Tribunal claim is successful, the Tribunal can require the school to take certain actions, such as:
Providing additional support or resources to the student.
Offering staff training on disability awareness.
Adjusting school policies to prevent future discrimination.
The Tribunal cannot award financial compensation, so families should focus on the practical outcomes they want for their child.
Understanding the Challenges of Making a Claim
It’s important to be aware that filing a discrimination claim may affect the relationship between the family and the school. Families should weigh the potential benefits and consider alternative resolutions, like working through the school’s SEN support team. However, for some cases, a Tribunal claim may be the most effective way to ensure fair treatment and necessary adjustments for the student.
At SAILs, we believe that every child deserves an inclusive, supportive education. Our tools and frameworks, such as PATH planning and personalised assessments, help schools better understand and meet the needs of students with disabilities. By collaborating with families and educational institutions, we ensure that students receive the reasonable adjustments they’re entitled to and can thrive academically and socially.
For more information on how SAILs can support your family, visit www.sails-op.com.
The Equality Act 2010 provides essential protections for students with disabilities, helping ensure they have access to a fair and inclusive education. By understanding their rights, families can advocate effectively, whether through school discussions, formal complaints, or, when necessary, the SEND Tribunal.
If your child has faced discrimination or needs support, SAILs is here to help. With resources designed to empower families and schools, we work together to make sure every child has the opportunity to succeed.
Visit www.sails-op.com to learn more about our commitment to inclusive education.