Places of learning must ensure that disabled children and young people are treated fairly and are able to participate fully in educational life.
What Places of learning must not do
- Refuse a place to a disabled child or young person because of their disability.
- Treat a disabled child or young person less favourably in any aspect of their education, including school trips, after‑school clubs or other extra‑curricular activities.
- Exclude a disabled child or young person because of their disability.
- Refuse to provide reasonable support or adjustments.
Accessibility Planning
Places of learning and Local Authorities must create and maintain accessibility plans aimed at:
- Enabling disabled children and young people to participate fully in the curriculum. For example, placing classes downstairs for children or young people with mobility needs.
- Improving the educational environment to ensure access—for example, adapting classroom layouts for wheelchair users or arranging seating to support a student with a visual impairment.
Places of learning are not required to make major structural changes to buildings (such as widening doorways or installing lifts), but they are required to make other reasonable adjustments, such as providing ramps or handrails.
Duty to make Reasonable Adjustments
Places of learning have a legal duty to take reasonable steps to prevent disabled children or young people from experiencing disadvantage. Adjustments should be anticipatory, meaning they should be planned and in place before the child or young person starts, where the setting is aware of their disability. If the setting knows the child or young person’s needs, failing to make reasonable adjustments cannot be justified.
Specific duties include:
- Taking reasonable steps to remove or reduce any disadvantage faced by a disabled child or young person.
- Providing reasonable auxiliary aids or services where needed, such as specialised computer equipment, adapted desks, coloured overlays or speech and language therapy—where it is reasonable and helps remove disadvantage.
Who Can a Claim Be Brought Against?
- Disability discrimination claims against schools (state funded or independent) and maintained nurseries can be made to the First-tier Tribunal (Special Educational Needs and Disability).
- Claims involving private nurseries, further education colleges or local authorities must be brought in the County Court.
What to do if you believe a child or young person is experiencing Disability Discrimination
If it’s felt that a child or young person is being treated unfairly because of their disability we would advise:
- Communicate with the place of learning. Open discussion can often resolve concerns.
- If concerns remain, follow the setting’s official complaints procedure.
- Dispute Resolution can be used to try to resolve the issue.
- If the situation is still not resolved, you can lodge an appeal with the SEND Tribunal.