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Disability discrimination and your child’s school
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A child who has a disability and is discriminated against for a reason related to their disability may be able to challenge this. It is the duty of the responsible body, who may be the governing body, the local education authority, or the proprietor of the school, to ensure that the school complies.
A disability is defined as 'a physical or mental impairment, which has a substantial and long-term effect on a person's ability to perform normal, day-to-day activities'. This can include a range of conditions, for example, mobility and sensory difficulties, mental health issues, epilepsy, AIDS, diabetes and muscular sclerosis.
A disabled child cannot be discriminated against in any aspect of their education. This includes:
- admissions, unless this is part of a permitted form of selection:
- education and related services, for example, school trips, the curriculum and teaching and learning.
A school would be classed as discriminating against a child if the child is treated 'less favourably' and this cannot be justified. It would be justified if the school could show that it was done for a 'material and substantial' reason. The reason must relate specifically to the child concerned and be significant.
Discrimination may also occur if a school failed to take 'reasonable steps' to make sure that the child was not significantly disadvantaged compared to other children, for example, by making specific arrangements so that the child can sit public examinations.
Further information and advice about disability discrimination is available from the Disability Rights Commission, see Useful organisations.
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