Contents
- Alternative Provision
- Annual Review
- Appeals & Mediation
- Attendance/Not in full time education
- Benefits
- Complaints
- Disability Discrimination
- Education other than in school/college
- Education, Health and Care Plans
- Exclusions
- Health
- How should the Local Authority help
- Neurodiversity
- Personal Budgets
- SEN Support in nurseries, schools and colleges
- Service Families
- Social Care
- Transport
- Year 6 Transition
- Young People’s Page
Disability Discrimination
What is disability discrimination?
All early years settings, schools, colleges and local authorities (“LA”) must make sure that they:
- do not treat children and young people worse than others, or badly, because of their disability, and
- change what they do (or were planning to do) to make sure a disabled child or young person is not disadvantaged. The type of changes they have to make are called reasonable adjustments. What is reasonable for them to do will depend on the facts.
What should you do if you think discrimination is taking place?
If you believe your child is being treated unfairly by an education provider due to their disability then you should discuss this with them first. Maintaining communication, being solution-focussed and giving the setting time to respond and make changes is key to making things better.
If communication with school does not resolve the issue, then you can make a formal complaint using the school’s complaints procedure.
If the complaint does not resolve matters, you could choose to escalate the complaint to The Department of Education and Ofsted, or you could bring a disability discrimination claim to the SEND Tribunal.
However, it is worth considering whether a disability discrimination claim is the best path of action in your individual circumstances. Discrimination claims are ‘backward looking’, because they focus on a past event of discrimination rather than looking forward to what support is needed. A discrimination claim is likely to have a negative impact on your relationship with the school.