Inclusion and disability discrimination
Sometimes getting the adjustments right so that everyone feels included can be tricky. The Equality Act 2010 sets out in law what settings must do to avoid putting anyone with Special Educational Needs and Disabilities (SEND), and medical conditions at a disadvantage.
- Identifying disability
- Disability inclusion
- Disability discrimination
- Reasonable adjustments
- Dealing with disability discrimination
- Inclusion and school trips
Identifying disability
There is no list of conditions which determine that a child or young person is disabled, and no diagnosis is needed.
According to the Equality Act 2010 a child or young person is disabled if they have a physical or mental impairment, which has a long-term and substantial adverse effect on their ability to carry out normal day-to-day activities.
A mental impairment may include:
- learning difficulties
- autism
- dyslexia
- speech and language difficulties
- attention deficit hyperactivity disorder (ADHD)
Some medical conditions are considered disabilities.
This means that if your child or young person has been struggling with normal activities for 12 months or more due to their SEND or medical needs, they could be classed as disabled.
See the definition of disability under the Equality Act 2010 (GOV.UK).
Disability inclusion
Inclusive education (also called inclusion) is education that includes everyone, with non-disabled and disabled people (including those with SEN) learning together in nurseries, schools and colleges.
Every child and young person with disabilities has the right to an inclusive, mainstream education (UN Convention on the Rights of Persons with Disabilities (Articles 4 and 24)) alongside pupils who do not have SEN (SEND Code of Practice 2015).
Schools must provide information about their arrangements to include disabled pupils and publish:
- an Accessibility Plan - explaining adjustments they can make and ongoing plans to improve access
- a SEN Information Report - explaining how they identify and support children with SEND
If you cannot find these on a school’s website, you can contact the setting and ask for a copy.
Most children with SEND will go to a mainstream school and are often supported by the York SEND Local Offer and SEN Support.
Inclusive education and medical conditions
The government guidance Supporting Pupils in Schools with medical conditions says that pupils at school with medical conditions should be properly supported so that they have full access to education, including school trips and physical education.
Schools should consider what reasonable adjustments they might make to enable children with medical needs to participate fully and safely on visits.
Schools can also seek advice from the Learning Support Hub through the York SEND Local Offer.
Disability discrimination
Nurseries, schools and colleges must take steps to ensure disabled children and young people are not substantially disadvantaged due to their disability. These steps are known as ‘Reasonable adjustments’. Discrimination is when these adjustments are not made and children and young people are treated unfairly due to their SEND.
See further information regarding disability discrimination:
- Disability Discrimination in Education (Child Law Advice)
- Advice on issues relating to equality and human rights (Equality Advisory and Support Service)
Reasonable adjustments
Nurseries, schools and colleges must not directly or indirectly discriminate against, harass or victimise disabled children and young people.
Nurseries, schools and colleges must make reasonable adjustments, including the provision of auxiliary aids and services, to ensure that disabled children and young people are not at a substantial disadvantage compared with their peers. This duty is anticipatory – it requires thought to be given in advance to what disabled children and young people might require and what adjustments might need to be made to prevent that disadvantage.
SEND Code of Practice 2015
Adjustments might include:
- education
- homework
- school trips
- suspensions and exclusions
Schools and colleges must make reasonable adjustments to procedures and must not use blanket policies without considering SEND.
Cost, health and safety requirements, and the wider impact may be considered when deciding if an adjustment is reasonable or not.
The Council for Disabled Children have the Equality Act 2010 here.
Dealing with disability discrimination
If you feel your child is being disadvantaged, you may have suggestions of how your child could be supported with adjustments. The first step would be to talk to the setting to explain your concerns and how you feel your child is being disadvantaged.
If you still have some concerns you could raise these with the head teacher, or make a formal complaint to the school and governing body. The school's own website will have information about their complaints procedure.
If you feel your disabled child has been discriminated against you could make a claim to the first-tier tribunal for disability related allegations.
To make an appeal against disability discrimination, you'll need to complete a Special Educational Needs and Disability Tribunal form. This must be received by the SEND tribunal within 6 months of the alleged discrimination with information on why the child or young person may be classed as disabled.
You can find more information about the procedure for disability discrimination claims on the IPSEA website.
Inclusion and school trips
A school's SEN Information Report must include how children and young people with SEN are enabled to engage in activities available to children and young people in the school who do not have SEN.
The Children and Families Act 2014 (Section 35) says that schools and nurseries can only exclude a child from activities if:
- it is not reasonably practicable for them to be included
- being included would prevent them from receiving the support they need
- being included would prevent the efficient education of other children or the efficient use of resources
Depending on the type of school trip and levels of risk involved, schools will need to plan and assess risk appropriately.
Some trips involve everyday risks such as falls and slips and will be covered by a school’s current policies and procedures.
Some trips will not be covered by existing policies and will need some extra planning due to the location or type of activity.
If you have any concerns about inclusion or safety on school trips, you may want to talk to your child’s teacher or the Special Educational Needs Coordinator (SENCO), it can be helpful to request a meeting to look at the risk assessment together.
See further guidance regarding school trips:
- Health and safety on educational visits (Department for Education)
- Guidance, activities, training and support for outdoor learning and educational visits (Outdoor Education Advisors’ Panel)