Disability discrimination

Although you may not consider your child “disabled”, the recent disability discrimination laws give schools duties about disability. All people with epilepsy are protected by the disability discrimination laws.
All schools (including independent schools) have three duties under the law. Further and higher education institutions have to abide by duties 1 and 2:

Schools have:

1. a duty not to treat pupils who have a disability less favourably, for a reason which relates to their disability, without justification;

2. a duty to make reasonable adjustments so that pupils with a disability are not placed at a substantial disadvantage; and

3. a duty to plan and make progress in increasing accessibility.

1. Discrimination

This covers all school activities, including admission, the education and associated services provided to pupils, and exclusions.

Education and associated services include:

• access to the curriculum;
• activities such as sports and clubs; and
• educational activities outside school time such as residential visits.

This means that a school cannot refuse to admit a pupil, refuse a pupil access to services, or exclude a pupil on a temporary or permanent basis, for a reason related to their disability, without a material and substantial justification.

For example:

• If a school refused admission to a child with epilepsy because staff would have to be trained in how to respond to seizures, this is likely to be discrimination.
• If a school told parents that their child with epilepsy could not be included in a residential visit because no member of staff would take responsibility for supervising the child taking their routine medicines, this is likely to be discrimination.
• If a school told parents to educate their child at home until their seizures are controlled, this is likely to be discrimination.

Note that in these examples, the treatment is “likely to be” discrimination. This is because decisions about applying the law can only be made by the courts. However, the Equality and Human Rights Commission in England, Scotland and Wales or the Equality Commission in Northern Ireland can give more advice and information if you think your child may have been discriminated against.

The disability discrimination laws cannot force a member of staff to administer medicines, but anyone who is in charge of children has a “common law” duty of care to act like a reasonably prudent parent. In an emergency, this might mean giving first aid or administering emergency medicine. This information is in the government guidance Managing medicines in schools and early years settings.

• More information about medicines and out of school visits

2. Reasonable adjustments

Schools have a duty to make “reasonable adjustments” so that pupils who have a disability are not put at a substantial disadvantage, compared to pupils who do not have a disability. Many types of action can be classed as a reasonable adjustment.

For example, this might include:

• changing an activity to enable a disabled pupil to take part;
• providing a tape recording or handout of lessons to someone whose disability makes it hard for them to take notes;
• a support assistant’s help in lessons; and
• handouts explaining homework activities for a person whose disability includes memory problems.

Reasonable adjustments do not include the provision of “auxiliary aids and services” (such as computers or staff) or the removal or alteration of physical features of the school. Physical alterations are normally classed as not being “reasonable”. Auxiliary aids and services are provided through the SEN framework, and the two provisions can work together: for example, provision of a computer or a member of staff is made through the SEN framework; the use of the computer or the person’s time constitutes a reasonable adjustment.

3. Access

Schools must plan to increase accessibility over time for pupils with disabilities. This includes

• physical access to schools’ premises,
• access to the curriculum, and
• access to information.

Any information which is provided in written format to pupils without a disability should be provided in formats suitable for pupils with disabilities. Providing this information in different formats, such as large print and Braille, is part of schools’ access duty.

The authority must produce a written disability equality scheme (DES), explaining how it intends to improve physical accessibility of school premises, accessibility of the curriculum and provision of written material in alternative formats. Each publicly-funded school must also produce a DES, explaining how it intends to improve access in the same three elements. The governing body of a school has responsibility for writing the DES.

If you think that your child’s school is not following the disability discrimination laws, you should speak to the head teacher.