Not all children or young people with special educational needs (SEN) will be disabled, and not all disabled children or young people will have SEN. However, many will have both.

How Disability Is Defined


A person is considered disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

This definition comes from Section 6 of the Equality Act 2010.

  • Substantial means more than minor or trivial.
  • Long-term means the impairment has lasted at least 12 months or is likely to do so.

When considering if someone may be covered by the Equality Act, ask:

  • Do they have a physical or mental impairment?
  • Has it lasted 12 months, or is it likely to?
  • Does the impairment have (or has it had) more than a minor or trivial impact on daily activities?

Legal Duties for Education Providers


All places of learning and Local Authorities must comply with the Equality Act 2010. They have legal duties to:

  • Prevent unlawful discrimination - They must not treat disabled children or young people less favourably than others.
  • Make reasonable adjustments - They must change what they do— or planned to do— to ensure disabled children and young people are not disadvantaged. This includes providing aids and services where needed to support a child or young person.

Disabilities Automatically Covered by the Equality Act 2010


Some conditions are always treated as disabilities under the Act:

  • Cancer
  • HIV infection
  • Multiple sclerosis (MS)
  • Severe disfigurement (not including tattoos or piercings)
  • Being certified blind or diagnosed as severely sight impaired