Ensuring Equal Rights: Combat Disability Discrimination in Schools

Introduction

Are you a parent of a child with a disability? It’s essential to know that schools have a legal duty to provide equal opportunities for your child, ensuring they are treated fairly and can fully participate in their education. This guide will help you understand your rights and what you can do if you feel your child is facing discrimination. If you need assistance, Contend’s highly trained AI legal experts are here to provide guidance and help you navigate these challenges. With Contend, you can access the easiest legal help in the UK.

If you’re a parent of a child with a disability, it’s vital to know that schools are required by law to treat your child fairly and ensure they have the same opportunities as their peers. The Equality Act 2010 makes it illegal for schools to discriminate against students because of their disabilities. This means schools must take steps to help disabled pupils access and participate in their education.

What Does This Mean for Your Child?

Schools have a responsibility to remove barriers that may prevent your disabled child from fully engaging in school activities. This includes making “reasonable adjustments” to their policies, practices, and physical environments. The goal is to help your child learn and participate as fully as possible, just like any other student.

Is Your Child Considered Disabled?

Before a school can make adjustments, your child must meet the definition of disability under the Equality Act. If you’re unsure whether your child qualifies, you can find more information about what constitutes a disability here.

When Should Schools Make Adjustments?

Schools are required to make reasonable adjustments in various situations, such as:

• Admissions
• Exclusions
• Access to extracurricular activities
• In-class support
• Learning materials and activities

Schools must act if your child is disadvantaged due to their disability and if it is reasonable for the school to make changes or provide assistance.

What Makes an Adjustment Reasonable?

Determining whether an adjustment is reasonable depends on several factors, including:

• The nature of your child’s disability and any support they receive (like an Education, Health and Care Plan)
• How feasible the change is for the school
• The school’s available resources
• The cost of the adjustment
• Whether the adjustment would effectively address the disadvantage your child faces
• Any alternative solutions that might also work
• Health and safety considerations, and the needs of other students

It’s important to note that schools are expected to think ahead and plan for how they can support all disabled students. They cannot charge you for making these reasonable adjustments.

What Can You Ask Schools to Do?

If you believe your child is facing disadvantages, you can request two main types of changes:

1. Policy Changes: Ask the school to modify their rules or practices, such as changing the uniform policy or adjusting attendance rules.

2. Additional Support: Request extra help or resources, like hiring more staff, providing a sign language interpreter, or supplying specialized equipment.

Accessibility in School Buildings

While schools don’t have to make physical changes to their buildings, they must create plans to improve accessibility. You can ask your child’s school about their accessibility plan and the steps they are taking to ensure all students can participate fully.

Special Educational Needs (SEN)

Even if your child does not have a formal statement of special educational needs, you can still request reasonable adjustments. If your child does have a statement, you may need additional adjustments beyond what is provided in that statement.

Other Forms of Disability Discrimination

Disability discrimination can take various forms, including:

• Direct Discrimination: Treating someone less favorably because of their disability.
• Indirect Discrimination: Implementing rules that disadvantage disabled students.
• Discrimination Arising from Disability: Treating someone unfairly because of something related to their disability.
• Harassment: Unwanted behavior related to a disability that creates a hostile environment.
• Victimisation: Treating someone unfairly because they complained about discrimination.

For example, if a school denies your child a place because of their disability, that’s direct discrimination. If a student is excluded from a school play due to behavior linked to their disability, that could be discrimination arising from disability.

What to Do Next

If you believe your child has been discriminated against in school, there are steps you can take:

• Review the school’s policies on discrimination.
• Discuss your concerns with the school administration.
• Try Contend’s legal expert chat for guidance and support with your situation.

Helpful Resources

• Equality Advisory Support Service (EASS): If you need assistance, the EASS provides a helpline for those who have faced discrimination.

• Equality and Human Rights Commission (EHRC): For more information on discrimination and your rights, visit the EHRC website.

Understanding your rights and the responsibilities of schools can help ensure that your child receives the support they need to thrive in their educational environment. If you need further assistance, consider reaching out to Contend’s legal expert chat for expert advice. Contend is the Easiest Legal Help in the UK.

For more info, check out some of our related articles:

• Fight Discrimination: Know Your Rights Under Equality Act 2010
• Fight Discrimination in the UK: Your Rights Under the Equality Act 2010
• Fight Discrimination in the UK: Expert Tips Under Equality Act 2010
• Understanding Your Rights: Navigating the Equality Act 2010
• Fight Discrimination in the UK: Seek Justice with Contend’s AI Legal Experts