Disability discrimination 

It is unlawful for an education provider to treat a student with a disability less favourably, than other non-disabled students.

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A disability is a protected characteristic under the Equality Act (EA) 2010. Section 6 of the EA 2010 defines a disability as "a physical or mental impairment" which "has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities."

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If your child/young person has a protected characteristic and they have been unfavourably treated, they may have a claim for disability discrimination under the EA 2010.

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The duty not to discriminate applies to all aspects of education - not just how students are treated within the classroom, but it extends to treatment during after-school clubs, at sports fixtures, on educational trips and includes school facilities and equipment.

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​​There are five categories of discrimination:

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1. Discrimination arising from a disability - There are only limited circumstances in which discrimination arising from a disability might be justified.

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2. Direct discrimination and indirect discrimination - Direct discrimination can never be justified. Indirect discrimination may be justified if there is a legitimate aim and it is a proportionate way of achieving the legitimate aim.

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3. Failure to make reasonable adjustments - which has the effect of placing a disabled student at a "substantial disadvantage" in comparison with students who are not disabled. Steps should have been taken by the educational provider to avoid the disadvantage. The substantial disadvantage must arise from: "a provision, criterion or practice" - for example, a physical feature of the premises that makes it harder for somebody with a disability to access or the lack of an auxiliary aid.

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The duty to make reasonable adjustments is anticipatory, this means reasonable adjustments must be made by the education provider before a student has been placed at a substantial disadvantage.

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4. Harassment - This involves unwanted conduct that violates a person's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them.

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5. Victimisation - Where a person is treated unfairly or negatively because they have made a complaint about disability discrimination, or have supported somebody else who has.

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​We run claims against mainstream schools, local authority maintained special schools, academies, further education institutions and independent schools.

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Disability discrimination claims against a school are made to the Special Educational Needs and Disability Tribunal (SENDT). Claims must be filed within 6 months of the last incident, or in the case of a continuing act of discrimination, within 6 months of the date of the last act of discrimination.

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We are able to advise and assist parents considering a claim for disability discrimination. We provide clear advice in respect of the merits in pursuing such claims and the remedies available. For example, compensation is not an available remedy from SENDT. 

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We will also advise on any alternative options to issuing a claim, such as whether informal pre-action correspondence (see our separate page under 'our services') may resolve the issue.

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We do not currently run disability discrimination claims against universities or in the workplace.

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​​​If your child/young person has been discriminated against, contact us on 01284 723952 or 01223 650857 to speak to one of our friendly team and discuss how we can help you to hold the educational provider to account.

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