Disability Information

Schools are required to provide parents with disability information. We hope you find this page a starting point. Please feel free to contact School at any time if you have any concerns about your child's education.

Part 4 of the Disability Discrimination Act 1995 (as amended by the Special Educational Needs and Disability Act 2001) - schools

A guide for parents in England and Wales

Introduction

From September 2002, if your child has a disability and has been discriminated against in education, you may be able to challenge this under the Disability Discrimination Act (DDA).

The Disability Rights Commission (DRC) Helpline (see back cover) can give you more advice and information. From September 2002, we will offer advice, information and support to parents and schools to help in sorting out problems. If you decide to make a claim against the school, the DRC may also be able to legally represent your child.

Please also note that in addition to the legislation about discrimination in schools, there is separate legislation covering special educational needs and improving accessibility.

Section One: The Law

Who is responsible for meeting the new duties?

The “responsible body” for your child’s school is ultimately responsible in law for meeting the new duties and may be different depending on which school your child attends.

For a maintained school, the responsible body is the governing body, in general

Does my child have rights under the DDA?

The DDA defines disability as "a physical or mental impairment, which has a substantial and long-term adverse affect on a person’s ability to perform normal day-to-day activities". For example, if your child has problems with mobility seeing or hearing, learning disabilities, mental health problems, epilepsy, Aids, asthma, diabetes or a progressive condition such as multiple sclerosis, then he or she may be covered under the DDA.

How can the DDA help my child?

From September 2002, it will be against the law for schools to discriminate against your child for a reason related to his/her disability in:
  • admissions
  • education and associated services, including:
    • school trips
    • the curriculum
    • teaching and learning
    • school sports
    • the serving of schools meals 
  • exclusions.
There are two aspects to discrimination.

Less Favourable Discrimination

A school may be discriminating if it treats a child "less favourably" for a reason related to his/her disability and it cannot justify that treatment.

For example:
  • Refusing your child’s application to go to the school because of his/her disability
  • Refusing to let your child go on a school trip because he has diabetes.

Justifying less favourable treatment

In some cases, the school may be able to justify treating your child "less favourably" if it can show that it did so for a “material and substantial” reason. This means that the reason must relate to your child’s particular case and be significant enough to justify discrimination.

Less favourable treatment may also be justified if it is the result of a permitted form of selection.

Failure to take reasonable steps

The School can also be accused of discrimination if it does not take "reasonable steps" to ensure your child is not at a substantial disadvantage compared to the other pupils at the school.

For example:
  • a secondary school fails to make the arrangements necessary for your child to be able to sit public exams
  • a deaf pupil who lip-reads is at a substantial disadvantage because teachers continue speaking while facing away from him to write on the board
  • a pupil with dyslexia is told she cannot have her teacher’s lesson notes, and that she should notes during lessons "like everyone else".

How does all this differ from the rights of children with "special educational needs"?

The Educational Act 1996 says "a child has special educational needs if he or she has a learning difficulty which calls for special educational provision". However not all disabled children have special educational needs. For example, if your child has severe asthma, he/she may not have special educational needs, but may have a disability under the DDA.

The DDA does not require schools to provide "auxiliary aids and services" such as sign language, interpreters or information formats such as braille or audiotape. These can be provided through the Special Educational Needs (SEN) Framework, which individually assess your child’s special educational needs.

Please note that the Department for Educational and Skills (DfES) says that schools have a duty under the DDA to make reasonable adjustments for disabled parents. For example, providing interpreters at parents’ evenings.

Making access to school buildings and the curriculum easier for disabled children. Local Education Authorities (LEAs) and schools will also have new duties that mean they must gradually implement plans to improve access for disabled children. These plans should include:

  • improvements in access to the curriculum
  • physical improvements to increase access to the school buildings
  • improvements in information in a range of formats for disabled children. This may include braille, audiotape or large print formats.

Schools should make these plans available to parents.

Section Two: The law in practice

What do schools need to do?

Schools will be expected to take "reasonable steps" to meet the needs of disabled children who might become pupils. So schools should think about the broad range of needs of pupils with different disabilities. However, this does not include making changes to school buildings to make them accessible, or providing specialist equipment or support. Both these areas are dealt with via different routes – the new planning duty for schools and LEA’s and the Special Educational Needs Framework respectively. See below for further details of these.

Schools should regularly review their policies, practices and procedures to ensure that disabled children not at a disadvantage because of their disability.

Should I tell the school about my child’s disability?

Yes, it may be the best thing to do.

If you decide not to tell, and your child is discriminated against, the school may be able to claim in its defence that it did not know about the disability. Schools are advised to ask if your child has a disability when he/ she starts the school.

Section Three:

What should I do if I think my child has been discriminated against?

The DRC advises that your first point of contact if you feel your child has been discriminated against in school is the Head Teacher. If a discussion with the Head Teacher does not resolve the issue, the school and the education authority should have complaints procedures that you can follow. If not, you may wish to contact the DRC Helpline.

Information and Advice

The DRC Helpline should be able to provide you with information and advice at any point in this process.

The DRC Helpline should be able to help. It may refer your dispute to the DRC Casework Service. If we can help, we will take up your child’s case on your behalf. We may be able to get a satisfactory result without taking the case further.

Alternatively, if the responsible body for the school agrees, we may refer the dispute to the Disability Conciliation Service (DCS). The aim is to reach an agreement that both sides accept. This does not stop you from taking legal action at the same time or later on if you are unhappy with the outcome of conciliation.

If your claim is referred to conciliation, you will have an additional two months to take legal action - ie eight months from the alleged discriminatory act.

Special Educational Needs and Disability Tribunal

You may be able to take your child’s dispute further than the DRC Casework and Conciliation Services and claim for unlawful discrimination. In England and Wales, most claims of disability discrimination are heard by the Special Education Needs and Disability Tribunals (SENDIST). But claims against maintained schools of discrimination in admissions and exclusions are heard by admission appeal panels and exclusion appeal panels.

You need to make the claim to SENDIST within six months of the date when the alleged discrimination took place. If your claim is referred to conciliation, you have another two months to do so.

If your claim is successful, SENDIST can order the school to use any “reasonable” remedy, except financial compensation. For example, SENDIST might order the school to arrange disability training for staff or to change a policy or procedure.

SENDIST has produced a leaflet detailing how to make a claim. See below for SENDIST’s contact details.

Section Four: further information

Educating for equality

The Disability Rights Commission is campaigning to improve choice and opportunity for disabled children and their parents in education.

For more information about the DRC Educating for Equality Campaign or to become involved please contact our Helpline.

For further information and advice contact:

Disability Rights Commission (DRC)

Post:

DRC Helpline
Freepost MID 02164
Stratford-upon-Avon
CV37 9BR

Telephone: 08457 622 633

Textphone: 08457 622 644

Fax: 08457 778 878

Or email us at: enquiry@drc-gb.org

Special Educational Needs and Disability Tribunal (SENDIST)

Post:

SENDIST

7th Floor
Windsor House
50 Victoria Street
London SW1H 0NW

Telephone: 020 7925 5750

Fax: 020 7925 6786

Or email at: tribunalqueries@sent.gsi.gov.uk

www.drc.org.uk this is a link to their main site.