Equality Act in schools

Also called Disability discrimination, Equality Act 2010

The law that makes it unlawful for a school to discriminate against a disabled child. A separate route from SEND law, and often the stronger one.

What it is

The Equality Act 2010 prohibits schools from discriminating against pupils because of a protected characteristic, including disability. For disability it creates several distinct claims: direct discrimination, indirect discrimination, discrimination arising from disability, failure to make reasonable adjustments, harassment and victimisation.

"Discrimination arising from disability" is the one that matters most in practice: treating a child unfavourably because of something arising in consequence of their disability, without objective justification.

Where it applies

All schools including academies and independent schools, and further and higher education. It covers admissions, provision, exclusions and every other aspect of school life.

How it works

A disability discrimination claim about a school goes to the First-tier Tribunal (SEND). It is free, there are no costs orders in the ordinary case, and the time limit is six months from the act complained of.

The remedies are declarations, apologies, training and changes to policy — the Tribunal cannot award compensation in school cases.

What you can ask for

Keep the paper. Dates, what was said, what was refused and by whom. Almost every one of these cases turns on a contemporaneous record.

Ask the school to consider whether the behaviour being punished arises from the disability. Putting that question in writing changes what happens next.

You do not need an EHCP, a diagnosis or a SEND process to bring a claim.

Where to get help

IPSEA runs free advice on disability discrimination claims. The Equality Advisory and Support Service takes calls. Six months is short — get advice early.