Disability Discrimination claims arise under the Equality Act 2010. Such claims include direct discrimination, indirect discrimination and a further specific claim of failing to make reasonable adjustments.
SEN Legal were the legal representatives of the only First Tier Disability Discrimination case reported in full in the Law Reports, with costs against the school concerned, being awarded in the sum of £86,162 which is believed to be the largest ever award by the SEND Tribunal.
Disability Discrimination Claims can be made against Local Authority maintained mainstream schools, Local Authority maintained special schools, Academies, FE institutions and Universities. Disability Discrimination Claims can also be made against independent schools (i.e. parents pay the school fees).
Examples of recent Disability Discrimination Claims include:
- In the case of a non-verbal child, school decides that it will not complete the Home School Book or discuss with the parents what has happened in the school day.
- School fails to apply for examination concessions until shortly before GCSE’s. Concessions should of course be applied for much earlier so that controlled assessments also have concessions.
- Girl with an Autistic Spectrum Disorder, and very limited social understanding, blamed when boys take sexual advantage of her and excluded.
- University fails to differentiate work so as to ensure its accessibility in pace and content by the student.
- Head Teacher of maintained secondary schools using the delegated SEN budget to redecorate.
We can help make Disability Discrimination Claims against universities, Further Education Colleges, and other organisations including Local Authorities, Independent Schools, Academies and Local Authority maintained schools.