Disability discrimination in education

Please note:  This information has been provided by the Waltham Forest Parent Partnership Service

What is disability discrimination?

From September 2002 it has been against the law for schools and local authorities to discriminate against your child for a reason related to his or her disability. Discrimination may be in:

• admissions
• education and associated services including:
  school trips
  the curriculum
  teaching and learning
  school sports
  the serving of school meals
  exclusion from school

What does ‘disabled’ mean as far as a child is concerned?

A disabled child has a physical or mental disability which substantially and harmfully affects their day to day activities.

• Substantial means more than minor or trivial.
• Long-term means that it is likely to last for at least a year.
• Some disabled children will also have special educational needs.

Some children have difficulty learning and may need extra help at school. They may be described as having special educational needs, but they are not seen as disabled under the disability discrimination act.

What does the law say about disability discrimination in education?

If a school or a local authority discriminates against a child with a disability and the discrimination cannot be justified, then they are breaking the law.  There are two types of unlawful disability discrimination that can happen in education.

• A school or local authority treats a child less favourably because of their disability.
• The school or local authority puts the child in a disadvantaged position because of their disability.

Unlawful discrimination may be taking place when:

• A school or local authority treats a disabled pupil differently from other pupils and this has a harmful effect.;

and/or

• A school or local authority treats a child in exactly the same way as other pupils and this has a harmful effect.

What can I do if I think my child has been discriminated against?

If you think your child has been discriminated against the first thing you should do is talk to staff at the school or local authority.

Firstly, try speaking to your child’s class teacher about your concerns. If this does not help, then ask to speak to someone who holds a higher position in the school like a head of year, or the head teacher.

I have spoken to the school and I am still concerned about the treatment of my child, what should I do?

The first thing is to try to be sure that your child is a ‘disabled person’ under the Disability Discrimination Act.

You may need some help with this and the Equality and Human Rights Commission will be able to advise you. Their address is:-

Equality and Human Rights Commission
Freepost RRLL-GHUX-CTRX
Arndale House
Arndale Centre
Manchester, M4 3EQ
Tel: 0845 604 6610 (ENGLAND)

Of course, you can always talk to Parent Partnership if you prefer.

I believe my child is a ‘disabled person’ under the Disability Discrimination Act and would like to make a claim of Disability Discrimination against the school or the local authority.

How do I go about it?

Your child’s school and the local authority will have a complaints procedure which you should try to follow to resolve the issue before lodging an official claim for disability discrimination.

If your claim is against a school, then it is best to express your concerns in writing to the Governing Body before doing anything else.

If you would like help with this then please contact the Parent Partnership Service.

I have done everything I can to resolve the issue but I am still not happy and would like to lodge an appeal for Disability Discrimination

Once you have gone through the complaints procedure you will then need to contact the departments listed below to make an appeal. Once again for help with this please contact the Parent Partnership.

• For claims regarding school admissions, where the local authority are the Admissions Body, you will need to appeal to the Admissions Appeals Panel of the local authority.
• For claims regarding school admissions for pupils with statements of special educational need, you will lodge an appeal with the Special Educational Needs and Disability Tribunal (SENDIST).
• For claims regarding fixed term exclusions, you will need to appeal to the Special Educational Needs, and Disability Tribunal.
• For claims regarding permanent exclusions, you will need to appeal to the Independent Exclusion Appeals Panel of the local authority.
• For all claims of disability discrimination, you will need to appeal to the Special Education Needs and Disability Tribunal.

SENDIST SEN Helpline: 01325 392 555
Website: www.sendist.gov.uk

Is there anyone who can help me lodge my appeal and support me through this process?

The Equality and Human Rights Commission will be able to help you.  They are an independent body set up by the government specifically to eliminate disability discrimination and promote equal opportunities for people with disabilities.

They may be able to help you decide if you have a claim and may even offer to take up the case for you.

Making an accusation of Disability Discrimination is a big step to take.

You should be aware that there is no financial compensation if it is agreed that your child has been discriminated against.

You can always call Parent Partnership and speak to them about your concerns before doing anything else.

Contact us

SEN Team
1st Floor, Wood Street Health Centre
Linford Road
London E17 3LA

Tel: 020 8496 6503/6505
Email senteam@walthamforest.gov.uk