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Legislation is available in different versions:

Latest Available (revised): The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the 'Changes to Legislation' area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

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An Act to make provision to require Ministers of the Crown and others when making strategic decisions about the exercise of their functions to have regard to the desirability of reducing socio-economic inequalities; to reform and harmonise equality law and restate the greater part of the enactments relating to discrimination

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It's against the law for a school or other education provider to treat disabled students unfavourably. This includes:

direct discrimination, for example refusing admission to a student or excluding them because of disability

indirect discrimination, for example only providing application forms in one format that may not be accessible

discrimination arising from a disability, for example a disabled pupil is prevented from going outside at break time because it takes too long to get there

harassment, for example a teacher shouts at a disabled student for not paying attention when the student's disability stops them from easily concentrating

victimisation, for example suspending a disabled student because they've complained about harassment

Reasonable adjustments

An education provider has a duty to make 'reasonable adjustments' to make sure disabled students are not discriminated against. These changes could include providing extra support and aids (like specialist teachers or equipment).

Schools are not subject to the reasonable adjustment duty to make alterations to physical features, like adding ramps. They must make the buildings accessible for their disabled pupils as part of their overall planning duties.

Special educational needs and disabilities (SEND)

All publicly funded pre-schools, nurseries, state schools and local authorities must try to identify and help assess children with special educational needs and disabilities (SEND).

If a child has an an education, health and care (EHC) plan or a statement of special educational needs, these must be reviewed annually. From year 9 the child will get a full review to understand what support they will need to prepare them for adulthood.

Higher education

All universities and higher education colleges should have a person in charge of disability issues that you can talk to about the support they offer.

You can also ask local social services for an assessment to help with your day-to-day living needs.

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Find out about protection for disabled people from discrimination at work, in education or dealing with the police

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Rik Kendall, Andrea Slowey, Rachael Barwick, James Fox, Kelly Elliott, Gemma Brown

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EXPERT COMMENT: Disabled children still face exclusion in PE – here’s what needs to change

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Kevin Dixon, Senior Lecturer in Sport, Exercise and Rehabilitation at Northumbria University and Tom Gibbons, Senior Lecturer in Sport and Exercise at…

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What is it like being a disabled student?

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When I was in high school, I used to wobble around the corridors using a walking stick or a wheelchair. I throughly enjoyed education, yet it certainly isn’t easy as a disabled student. Admittedly, it’s been a few years since I was a student, but accessible education was a core focus when I started my blog. Before I graduated university, my blog was called ’Life as a Cerebral Palsy student’. A few weeks ago I gave a keynote talk to 1600 high school staff members about my experiences of being a disabled student. I hope that sharing an edited version of that talk will useful for other teachers and disabled students.

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TALK TO ME | Physical Disability Awareness

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Accessible Playgrounds: 'Disabled Children are Being Left Out ' | Newsround

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This page provides information on what constitutes disability discrimination and explains the duties of education providers to not discriminate against pupils on the basis of their disability.

What is disability discrimination in education?

Disability is considered a protected characteristic under the Equality Act 2010. Therefore it is unlawful for an education provider to discriminate directly or indirectly against a pupil on the basis of their disability.

Additionally, there are certain circumstances where an education provider is expected to take positive steps to ensure that disabled pupils have equal access to education and the provision of services.

Discrimination is unlawful in relation to:

prospective pupils - for example, in how a school formulates their admission arrangements;

pupils attending the school/college even if temporarily absent or excluded - for example, in how a school has applied their behaviour policy to a certain situation;

former pupils who have a continuing relationship with the education provider.

The duty applies to all education providers - for example, early-education providers (nurseries), Independent schools, state schools and further / higher education colleges.

Unlawful discrimination can apply to every aspect of school life. It covers all school activities, such as:

extra-curricular activities;

leisure activities;

after-school clubs;

homework clubs;

sports activities;

school trips; and

school facilities (for example, libraries and IT facilities).

What is disability?

Disability is defined in Section 6 Equality Act 2010 as:
"a physical or mental impairment that has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities".

Normal day-to-day - activities that people do on a regular basis, for example, this includes walking, dressing, cleaning or having a conversation.

Long-term - the impairment should have lasted or should be expected to last at least a year.

Substantial - not minor or trivial.

Physical impairment - includes sensory difficulties such as visual or hearing impairments.

Mental impairment - includes learning difficulties, autism, dyslexia, speech and language difficulties, attention deficit hyperactivity disorder (ADHD).

Some specified medical conditions, such as HIV, multiple sclerosis and cancer are all considered as disabilities, regardless of their effect.

Wearing glasses or temporary conditions such as drug or alcohol addiction are not counted as a disability.

There are specific conditions which are not considered to be impairments under the Equality Act 2010. These are defined in Regulation 4(1) Equality Act 2010 (Disability) Regulations 2010. This states the following:

4.- (1) For the purposes of the Act the following conditions are to be treated as not amounting to impairments:-

(a) a tendency to set fires,

(b) a tendency to steal,

(c) a tendency to physical or sexual abuse of other persons, (see paragraph below).

(d) exhibitionism, and

(e) voyeurism.

Schools can no longer rely on an Equality Act 2010 exemption to exclude children with disabilities who have a tendency to physically abuse, following an Upper Tribunal decision. C&C v The Governing Body of a School, [2018] UKUT 269 (AAC).

What forms of discrimination are there in education?

It's unlawful for an education provider to treat disabled students less favourably compared to other students. The following are forms of discrimination which are prohibited under the Equality Act 2010:

1. Discrimination arising from a disability

2. Direct discrimination and indirect discrimination

3. Failure to make reasonable adjustments

4. Harassment

5. Victimisation

What is discrimination arising from disability?

An education provider must not discriminate against a disabled pupil because of a reason that is as a result of their disability - for example, a school refusing to let a child attend a school trip because they are physically disabled.

Discrimination arising from disability can be justified in certain circumstances, if it is:

carried out for a legitimate reason; and

a proportionate way of achieving that legitimate aim.

Example: A school carries out a health and safety assessment before allowing a wheelchair-user to attend a school trip. They conclude that it would inappropriate to allow the pupil on the trip where they cannot safeguard the pupil and/or the staff. In this situation the school could justify the unfavourable treatment towards the pupil because it is necessary and proportionate to protect the pupil's safety.

This is called objective justification. The key points under this defence are:

that the aim (in the example, safeguarding the pupil and staff) must be legitimate;

whether alternative measures could have met the legitimate aim without such a discriminatory effect (if proportionate alternative steps could have been taken then the unfavourable treatment is unlikely to be justified);

whether the legitimate aim outweighs the discriminatory effects of the unfavourable treatment (the more discriminatory a measure, the harder it will be to justify);

that the burden is on the education provider to show that the unfavourable treatment was objectively justified; and

whether there was objective justification is a decision for the tribunal hearing the case. The tribunal is not limited to considering whether a reasonable education provider might have considered it justified.

What is direct discrimination?

Education providers must not treat a disabled pupil less favourably simply because that pupil is disabled - for example, a school refuses to admit children or young people who are disabled. There is no justification for direct discrimination in any circumstances.

Discrimination by association - When a pupil is treated unfairly on the basis of another person's protected characteristic. For example, it is discriminatory for a school to exclude a pupil because one of their parents is disabled.

Discrimination by perception - When a pupil is treated unfairly because they are perceived to possess a protected characteristic when in fact they do not. For example, where a school perceives a pupil to be disabled and treats them less favourably as a result.

What is indirect discrimination?

Education providers are prohibited from doing something which applies to all pupils but which is more likely to have an adverse effect on disabled pupils - for example, a school providing application forms in a format which is not wholly accessible to disabled pupils, such as those with a visual impairment. This is indirect discrimination unless the school can demonstrate that it is done for a legitimate reason and it is a proportionate way of achieving that legitimate aim. See above for more details on when something may be considered as done for a legitimate reason and it is a proportionate way of achieving that legitimate aim.

What does the duty to make reasonable adjustments for disabled people involve?

Section 20 of the Equality Act 2010 places a duty to make reasonable adjustments for those with disabilities on all those to whom the act applies. This duty is triggered in circumstances where a disabled person is placed at a substantial disadvantage in comparison to persons who are not disabled. For most organisations there are three duties; however, Schedule 13 Equality Act 2010 makes clear that schools only need to follow the first and third requirements. As a result schools are required to make reasonable adjustments to avoid disadvantages which may be caused by:

a provision, criterion or practice (PCP) - for example, a disabled pupil requires medication related to their condition but there is a school policy which states that no drugs are permitted on the premises;

the lack of an auxiliary aid.

Schools are not required to make reasonable adjustments where disadvantages may be caused by a physical feature. However, under Schedule 10 of the Equality Act 2010 they should have an accessibility strategy which works on improving the physical environment of the schools for the purpose of increasing the extent to which disabled pupils are able to take advantage of education and benefits, facilities or services provided or offered by the schools over a prescribed period of time.

From September 2012, schools and Local Authorities have a duty to supply auxiliary aids and services as reasonable adjustments, where these are not being supplied through:

a Special Educational Needs statement (from 01-09-2014); or

an Education, Health and Care Plan (from 01-09-2014); or

from other sources.

Examples of auxiliary aids include:

a piece of equipment;

assistance from a sign language interpreter, lip-speaker or deaf-blind communicator;

extra staff assistance;

an electronic or manual note-taking service;

induction loop or infra-red broadcast system;

videophones;

audio-visual fire alarms;

readers for people with visual impairments;

assistance with guiding;

an adapted keyboard;

specialised computer software.

The duty to make 'reasonable adjustments' should be anticipatory. Education providers should foresee the potential barriers that disabled pupils may face and act to remove or minimise such barriers before a disabled pupil is placed at a substantial disadvantage.
When considering 'reasonable adjustments', factors to take into account include:

the impact of the disability on the pupil's learning, participation and independence;

how effective the adjustment would be in overcoming the disadvantage;

how practicable it is to make the adjustment;

the health and safety of everyone within the school;

the financial costs which would be incurred through making the adjustment.

What is harassment?

Harassment occurs when a member of school staff engages in unwanted conduct that either:

violates a pupil's dignity; or

creates an intimidating, hostile, degrading, humiliating or offensive environment for a pupil.

A school must not harass a pupil because of their disability - for example, a teacher shouting at a pupil for not completing their work when it is a consequence of their disability that they cannot perform tasks at the same pace as other students.

What is victimisation?

Victimisation is when an education provider treats a pupil less favourably because:

they are making a claim against an education provider for acting in breach of the Equality Act 2010; or

they are providing information/evidence in the course of someone else making a claim; or

their parent or sibling is making a complaint of discrimination.

For example, a school gives a pupil a fixed-term exclusion because they've complained about a disabled friend being discriminated against.

What is the Public Sector Equality Duty of public bodies?

The Section 149 Equality Act 2010 introduced a single Public Sector Equality Duty (PSED) which may also be referred to as the general duty. It applies to public bodies, including Local Authority maintained schools and Academies, and extends to all protected characteristics - race, disability, sex, age, religion or belief, sexual orientation, pregnancy and maternity and gender reassignment.

The duty states that, in carrying out their functions, public bodies are required to have due regard to the need to:

eliminate discrimination and other conduct that is prohibited by the Equality Act 2010;

advance equality of opportunity between people who share a protected characteristic and people who do not share it;

foster good relations, across all characteristics, between people who share a protected characteristic and people who do not share it.

In meeting their duty, schools are required to publish information to demonstrate how they are complying with the Public Sector Equality Duty and to prepare and publish equality objectives ( Equality Act 2010 (Specific Duties) Regulations 2011).

Additionally, schools are required to publish an accessibility plan which must demonstrate how the school plan to:

increase the extent to which disabled pupils can participate in the curriculum;

improve the physical environment of schools to enable those with disabilities to take better advantage of education and services; and

improve the availability of accessible information to those with disabilities.
(Schedule 10 Equality Act 2010 "Accessibility for disabled pupils").

What should I do if I think my child is being discriminated against?

Request to meet with the head teacher of the education provider to discuss the incident.

Speak to the responsible body. This will be the governing body for Local Authority maintained schools and the Academy Trust if the school is an Academy.

Follow the education provider's written complaints procedure.

Also/alternatively, make a claim for unlawful discrimination through the First Tier Tribunal (SEND) in England.

How do I make a complaint to the Tribunal?

The First Tier Tribunal (SEND) can decide disability discrimination claims and appeals. The claim must be filed within 6 months of the most recent incident.

For more information on making a disability discrimination claim, see our How-To Guide on Claiming Against Disability Discrimination in Schools.

The Equality Advisory Support Service has produced non-statutory guidance for schools on discrimination and equality in the form of a Code of Practice.

Please note that disability discrimination is a complex area of law and we are unable to provide advice on the merits of individual cases. We would strongly advise speaking with an education law solicitor on the merits of your case. You can search for solicitors through the Law Society website.

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This page provides information on what constitutes disability discrimination and explains the duties of education providers not to discriminate against pupils on grounds of disability.

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Guidance on the special educational needs and disability (SEND) system for children and young people aged 0 to 25, from 1 September 2014.

Applies to England

Documents

Details

This statutory code contains:

details of legal requirements that you must follow without exception

statutory guidance that you must follow by law unless there's a good reason not to

It explains the duties of local authorities, health bodies, schools and colleges to provide for those with special educational needs under part 3 of the Children and Families Act 2014.

The code, which applies to England, is for:

headteachers and principals

governing bodies

school and college staff

special educational needs (SEN) co-ordinators

early years providers

other education settings

local authorities

health and social services staff

Other SEND guides are also available.

Thank you for your feedback

Report a problem with this page

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Guidance on the special educational needs and disability (SEND) system for children and young people aged 0 to 25, from 1 September 2014.

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I was struck by a phrase someone used in a discussion back in the summer - 'big-hearted schools who welcome SEND students and see their Ofsted rating drop'.

I'd like to unpack that a bit.

I believe, and Ofsted's inspections of special educational needs and disabilities (SEND) provision in schools are built around this idea, that the experience of pupils who have SEN and/or disabilities is a bellwether of the school's performance.

Children who have SEN and/or disabilities are part of the big picture that makes up a school; there is no division here. Academic excellence, and effective SEND provision, are all part of the same picture and a school cannot be truly outstanding if it's letting some of its pupils down.

We've been told that some schools are refusing pupils who have SEN and/or disabilities because they are concerned that this will be reflected in their Ofsted rating.

Schools should be truly inclusive. And by that, I mean inclusive in the real sense, including children and their parents:

in decision-making

in setting targets linked to the child's education, health and care (EHC) plan or SEN support plan

as part of collecting information about what is important to the child, now and in the future, and how best to support them.

Inclusion means making the school a strong part of the local area's provision for children and young people who have SEN and/or disabilities. Mainly, it means identifying, assessing and meeting their needs well and making sure they are achieving their potential. At the heart of this is removing the barriers that get in the way of children who have SEN and/or disabilities being fully included in all areas of school life.

Progress and achievement

During inspection, our teams look at how pupils who have SEN and/or disabilities are progressing; not compared with all pupils in the school, but with pupils nationally who have similar starting points to them. Inspectors look at the support individual pupils are given and consider whether it is helping them to achieve better outcomes.

We know that some pupils, for example those who have profound and multiple learning difficulties, are working at significantly lower levels. For them, inspectors consider their starting points and the progress they've made. Inspectors will look at how well the curriculum has been adapted to their needs and the gains they have made in their learning and development. We purposefully take starting points into account and understand that some pupils will make progress in very small steps.

Academic achievements are very important, but schools are about more than just that. For pupils who have SEN and/or disabilities it is vitally important that they are well prepared for the next stage of their lives. It's also about learning to manage relationships with people, learning to make decisions and become independent and finding out what makes you tick. How schools prepare pupils to do this is vital.

Supporting parents, supporting children

Parents often contact us with complaints about how their child who has SEN and/or disabilities has been treated at school. They feel they've been let down, sometimes for a long time. I urge schools to think about the processes that are in place for helping families. Individual knowledge of each child is essential, but any system must be fair and open. Parents must speak to the Special Educational Needs Coordinator and then follow the school's complaints process, but it's important these processes are transparent and easy to follow.

In the coming months, we'll be publishing the consultation into our education inspection framework. One of the strands of this is about children who have SEN and/or disabilities and I urge you to respond to it when it's published. As a profession, we've got a duty to make sure that all children have the support they need to make the most of whatever opportunities life may hold.

You can keep up-to-date with Ofsted news by signing up for email alerts. You can also follow Ofsted on Twitter.

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Nick Whittaker, HMI, Specialist Adviser, SEND

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I was struck by a phrase someone used in a discussion back in the summer - 'big-hearted schools who welcome SEND students and see their Ofsted rating drop'. I'd like to unpack that a bit.

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How teacher training could make or break the DfE inclusion plan

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The government wants more pupils with SEND to be supported in mainstream schools, but most teachers say their training did not equip them to meet these children’s needs

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https://explore-education-statistics.service.gov.uk/find-statistics/special-educational-needs-in-england#dataBlock-52866b7c-0ead-487f-90d0-9c6fe2f4308a-charts

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Inclusion Working in 2015 - Secondary School, Stockport

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Activities and days out for disabled children | Disability charity Scope UK

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How to find fun leisure activities and cheap days out for disabled kids

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Technology for inclusion with National Star | Jisc

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https://www.specialneedsjungle.com/disability-history-month-2023-focusing-disability-childhood-youth-inclusion-backwards/

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24 year-old Lucy, who lives with her family in Kent, has a progressive form of muscular dystrophy. Now that she's free from study, I thought I'd grab her for a chat and ask about her university experience. Perhaps the insight, information and advice offered here might be helpful to anyone out there with a disability, who is applying to university or considering higher education.
1. Hi Lucy, can you please describe your disability and how it affects you.

Hey! So, I have Congenital Muscular Dystrophy - Merosin Deficient, meaning I lack the merosin needed to knit the layers of my muscles together. Because of this, I get progressively weaker over time due to my muscles being unable to properly repair themselves.

This weakness means I can't really do anything for myself without support from other people. It also makes daily habits difficult as I lack the strength to hold things and do things. A few examples might be that I find it difficult to feed myself as I find certain cutlery too heavy to lift, I can no longer read books unless they're digital as I cannot hold them or turn pages, and I need regular hoisting for transfers and the bathroom.

Being a muscle defect, my organs and my lungs in particular are affected, meaning I have regular medication and ventilator intervention to aid my breathing. Lying down helps with this, as well as only being able to write/type lying down, which means I lie down most of the time.

2. Did your disability put off going to university?
And what, if any, concerns did you have prior to applying for university?

I knew it would be difficult to apply to university but I wouldn't say my disability ever "put me off" of applying. I've been very lucky with my education in that my parents have always pushed for inclusion and for me to receive education befitting my abilities. I went to a mainstream primary school, a grammar school for my secondary education, and college after that. So applying for university, whilst scary, was the logical next step for me.

That's not to say I didn't have any concerns regarding how I would be able to access higher education with my disability. One of my main worries was that Uni is a very different environment from school in that the campus is a lot bigger! Having hoists and a portable bed so I can lie down is all well and good when it's accessible but, what if I was timetabled for lectures in a different building to my equipment? It wouldn't be possible to transfer every 5 minutes, so it took a while to negotiate a timetable solely in one place - it was tough but doable.

3. Could you please explain the application process and any challenges you faced?

The application process itself was exactly the same as if I were an 'able-bodied' student - I applied through UCAS and SFE (Student Finance England). However, perhaps most importantly for me, I also had to apply for extra DSA (Disabled Students Allowance) as well. It was the next steps that were a bit different...

After applying and being accepted, I began having regular meetings with the disability officer who would be supporting me during my time at Uni. The disability department at my university in particular was split into different fields: physical disabilities, learning disabilities, and mental health.

We discussed suitable timetabling, storage for my hoists and bed, even suitable places for my carers to chill out whilst I was in lectures. It was all sorted over the summer months before term was due to start.

I chose to live at home with my family throughout the duration of my course (2015-18) rather than on campus, so that was one less thing to organise.

4. What support did you receive and was it difficult to get this support in place?

I have my own team of personal carers, provided by an agency, who supported me whilst a student. In my case, this wasn't something the university or disability officer organised or supported with.

The DSA I used mainly to pay for transport. I paid for a wheelchair-accessible taxi to take me to Uni or the library each day. The finance was also used to supply me with a MacBook and accompanying software such as Dragon Naturally Speaking and Claroread, as well as a printer and allowances for things like ink cartridges and paper.

I personally found the process of co-ordinating with my disability officer really straightforward at the beginning. She really listened to what my needs were and to the best of her abilities made sure everything was in place before I started my course. However, it was once I had enrolled that her involvement became less proactive. I think a major learning experience for me would be that I should have been more proactive myself in maintaining regular contact with her.

There are undoubtedly going to be a number of disabled students on the system at whichever university you attend. Therefore, I would say if you feel you need help or advice, don't hesitate to ask! Because, when I did ask, she generally followed through. I only wish I'd asked for her help a lot more than I did.

5. How would you rate your university experience from a disability/inclusivity perspective?

Looking back on my experience as a disabled student, I'd rate my experience quite highly to be honest. There were certain things I found more difficult but generally I was included really well. I was able to lie down in lectures and participate fully, timetabling was set so I remained in one classroom for the entire day (something which my peers were VERY appreciative of, and made it known to me regularly). My equipment both on campus and at the library was easily accessible and staff were very helpful in its safe storage. All members of staff - from lecturers to security and housekeeping were continuously supportive and understanding of my needs.

6. In your opinion, what improvements need to be made to make higher education more accessible to disabled people?

As previously mentioned, I've been lucky in having the family support and confidence to access university, but I know how difficult it can be to have that confidence. I think one of the main reasons for this is because the process isn't made clear or obvious. I mean, I had to work out my own process moving forward after my application. Whilst every process for establishing individual needs at Uni is going to be different, I think it's important that the availability of such a step is highlighted.

I think UCAS and all university websites should, as a minimum, have a clear disability section outlining key contacts of enquiry. It's far easier to make confident decisions if you're fully informed and know that there's going to be the support you need behind you.

I won't rose tint - accessing higher education as a disabled student can be like having to find your own way in the dark! By no means is it a clear, easy-to-follow process.

7. What advice would you offer other disabled people considering university?

Having now completed university, I guess I'd advise others to try their best not to get anxious about the process. Yes, it's daunting. Yes, it's tough. But ultimately it is worth it.

As long as you're clear and assertive about your needs, there will always be people around to support you. If you need support with campus or timetabling issues, ask the Uni. If you need help in class, ask your lecturers. If you need a pen, ask one of your peers! It all sounds really obvious and stupid but I can't stress enough how important it is to just ask for help. But most importantly, be confident in yourself and just be yourself!

8. As a physically disabled individual, what do you consider to be the potential challenges around the social aspect of university life?

I think the social aspects of life in any context can be difficult for disabled people but at Uni it can be especially hard for some. I think one of the most important things to remember is that, actually, it's not just you and it's definitely not just disabled people that have this issue.

Many students relocate for university, sometimes half way across the country, sometimes half way across the world. So you're all going to be in the same boat in that respect.
However, I'm not dismissing the fact that disabled people have it tougher than most. I think the most important thing is, once again, confidence. Many people lack the confidence to introduce themselves to disabled people for a multitude of different reasons - they don't know what to say, they don't know if you can respond, they don't know if you want to be spoken to. All of these things can seriously put people off because they don't want to embarrass themselves, or you for that matter, so it's up to us to have the confidence that they lack.

Introduce yourself to people at Freshers' Fayre, be an active member of your class and, if possible, join a society or two. Be the best version of yourself and people will be drawn to you.
*All images courtesy of Lucy Hudson Lucy i You can also follow Lucy on Twitter s a brilliant writer, having co-authored the poetry anthology 'Wheels of Motion' which can be purchased here!

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Interview | Accessing University as a Disabled Student

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24 year-old Lucy, who lives with her family in Kent, has a progressive form of muscular dystrophy. Now that she's free from study, I thought I'd grab her for a chat and ask about her university experience.