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What schools should do if a pupil has a disability

A child or young person has a disability if they have a physical or mental impairment that has a: 

  • substantial  
  • long-term  
  • adverse 

effect on their ability to carry out normal day-to-day activities.  

This is the legal definition of disability which is set out in the Equality Act 2010.  

Find out more about the legal definition of disability.  

How the Equality Act protects children and young people with a disability  

 
Disability is a protected characteristic under the Equality Act.   
A school or setting must not discriminate against a child or young person with a disability. This would be unlawful.   
Schools and settings must take positive actions. This is to make sure children and young people with a disability can: 

  • access education  
  • take part in activities 

Types of discrimination  

There are different types of discriminatory behaviour. They are:   

Direct discrimination  

This is unfair treatment of a child or young person because they have a disability.  

Indirect discrimination  

This is when a school or setting decides something without considering children and young people with a disability. This puts them at a disadvantage.  

Harassment  

This is when someone talks about disability in an offensive way. It could also be picking on a child or young person because of their disability.  

Victimisation  

This is treating someone unfavourably because they have taken (or might be taking) action under the Equality Act.   

Discrimination arising from a disability  

Where a child or young person is being treated unfavourably because of something arising from their disability.  

 
Failure to make a reasonable adjustment  

Schools and settings must take reasonable steps to avoid placing a child or young person with a disability at a substantial disadvantage. We call this the reasonable adjustments duty. Failure to make a reasonable adjustment is unlawful.   

 
Justifying discrimination   

Occasionally, indirect discrimination and discrimination arising from a disability can be justified. But only where this is for a very good, legitimate reason and an alternative cannot be found.   
Find out more about disability discrimination in education.  

Making reasonable adjustments   

Reasonable adjustments are positive actions. They help children and young people with disabilities to fully take part in all aspects of education.

The duty to make reasonable adjustments is anticipatory. This means schools and settings must think ahead about what they can do. They must do this to help children and young people with disabilities. 

Overall, there are three requirements of the duty, relating to: 

Provisions, criteria, and practices 

For example: 

  • the way things are done 
  • allocation of resources  
  • day to day practices   

Physical features 

For example: 

  • the building  
  • the environment  

Auxiliary aids and services 

For example, equipment or people that provide help.

The physical features element does not apply to schools. This is because they must already consider this through an Accessibility Plan. 

Many reasonable adjustments are not expensive. They may just involve changes in how things are being done. Others may incur a reasonable cost. Examples include:  

  • providing worksheets in a larger font for a child with a visual impairment  
  • rest breaks for a young person who experiences fatigue  
  • extra support from a Teaching Assistant or Specialist Teacher  
  • a specialist chair or IT equipment   
  • allowing extra time to complete tasks  

Schools and settings cannot justify not making a reasonable adjustment. If it is reasonable, the school or setting should make the adjustment.   

Some of the factors schools and settings may think about when deciding whether an adjustment is reasonable include:  

  • the cost of the adjustment, or other resources needed  
  • how effective the adjustment will be  
  • what effect the adjustment may have on other children and young people  
  • health and safety requirements  

Read more about making reasonable adjustments.  

Accessibility Plans  

Under the Equality Act, all schools must have an Accessibility Plan. This sets out how they will improve school life for current and future pupils with a disability by:    

  • increasing access to the curriculum  
  • improving the physical environment   
  • making written information more accessible by providing this in a range of ways  

You can usually find the Accessibility Plan on the school’s website or by asking the school for a copy.  
Early years settings and colleges do not have to write an Accessibility Plan.   

The Local Authority must have an Accessibility Strategy based on the same points.   

Read Dorset Council’s Accessibility Strategy.  

Who to speak to if you have concerns  

If you have concerns about how a school or setting is supporting your child, talk to: 

  • the class teacher 
  • special educational needs co-ordinator (SENCO)  
  • Headteacher   

Explain how your child’s disability affects them and how they are being disadvantaged. Having an open discussion can usually resolve any issues.   

If you are still concerned after this, you can also:  

In exceptional circumstances you may want to make a claim through the First-tier Tribunal (Special Educational Needs and Disability).