Under the Equality Act 2010, there are several ways a child or young person may experience discrimination in a place of learning.

1. Direct Discrimination

This happens when a place of learning treats a child or young person with a disability worse than a non-disabled peer in a similar situation.

Example:
A boy with ADHD is not allowed to join the chess club at his place of learning because staff believe he cannot concentrate or sit still.

2. Indirect Discrimination

This occurs when a rule or policy applies to all children or young people but places a disabled child or young person at a substantial disadvantage.

Example:
A place of learning expects every child or young person to maintain 100% attendance. A disabled child or young person who has regular medical appointments cannot realistically meet this target, placing them at a disadvantage. Although the aim (improving attendance) is legitimate, the requirement may not be proportionate, and an individualised target may be more appropriate.

3. Unfavourable Treatment Arising from Disability

This occurs when a child or young person is treated badly because of something linked to their disability, and the place of learning has no valid or proportionate reason.

Example — Unfavourable:
A child or young person with brittle bones is told they cannot watch the hockey team because they will never be able to play. This is not appropriate, necessary, or a proportionate way to achieve any legitimate aim.

Example — Favourable/Justified:
A child or young person who has daily epileptic seizures is required to wear extra safety equipment when wall climbing. The aim (safety) is legitimate and the action proportionate.

4. Harassment

Harassment occurs when a staff member behaves in a way that makes a child or young person feel humiliated, offended, or degraded.

Example:
A child or young person who takes regular medication asks that this is not highlighted. However, a staff member repeatedly draws attention to it and makes comments afterwards, causing them to feel singled out and uncomfortable.

5. Victimisation

Victimisation happens when someone is treated badly because they have made a discrimination complaint under the Equality Act.

Example:
A parent/carer makes a disability discrimination complaint. Afterwards, their child or young person is treated differently and not provided with the support they require.

 

Important Note

A single situation can fall under more than one type of discrimination.