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Disability Discrimination in Education Solicitors

Schools have a legal duty not to discriminate against disabled pupils — and to make reasonable adjustments so they are not placed at a substantial disadvantage. Where schools fail in these duties, a solicitor can bring a claim before the SEND Tribunal.

The Equality Act 2010 prohibits schools from discriminating against disabled pupils in admissions, in the delivery of education, and in exclusion. Schools also have a specific duty to make reasonable adjustments — changes to policies, practices, and the provision of auxiliary aids — to ensure that disabled pupils are not placed at a substantial disadvantage compared to non-disabled pupils. Where a school fails to make a reasonable adjustment, or directly or indirectly discriminates against a disabled pupil, the family can bring a claim to the First-tier SEND Tribunal (for schools) or the County Court (for further and higher education institutions). A solicitor will advise on the discrimination claim, gather the evidence, and represent the family at the tribunal or court.

Reasonable adjustments failures Disability discrimination in exclusion SEND Tribunal discrimination claims Free initial consultation

Disability Discrimination in Education — Types & Legal Framework

Disability discrimination in schools — the types of claim, the legal duties, and how a solicitor pursues each one.

Disability discrimination in education takes several forms — from the failure to make a reasonable adjustment to direct discrimination in exclusion or admissions. A solicitor will identify the type of discrimination and the most effective route to challenge it.

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Duty to make reasonable adjustments — the core obligation

Under s.20 Equality Act 2010, schools must make reasonable adjustments to their policies, practices, and the provision of auxiliary aids where these place disabled pupils at a substantial disadvantage compared to non-disabled pupils. Reasonable adjustments include: providing additional time in exams; providing coloured paper or larger font; allowing the pupil to use a laptop; providing communication support (teaching assistants, BSL interpreters); modifying the curriculum for pupils with processing difficulties; and allowing rest breaks for pupils with chronic illness. A solicitor will assess whether the school has made the adjustments that a reasonable body would make in the circumstances and bring a SEND Tribunal claim where the school has failed to do so.

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Discrimination arising from disability (s.15 EA 2010)

Discrimination arising from disability occurs where a school treats a pupil unfavourably because of something arising in consequence of the pupil's disability — and the treatment cannot be justified. Common examples include: excluding a pupil for behaviour that is a manifestation of their ADHD, autism, or mental health condition; refusing to allow a pupil to take time off school for disability-related medical appointments; and applying attendance policies rigidly without adjustment for disability-related absences. For this type of discrimination, the school can justify the treatment if it can show it was a proportionate means of achieving a legitimate aim. A solicitor will assess whether the treatment is capable of justification and challenge it at the SEND Tribunal where it is not.

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Direct discrimination — treating a disabled pupil less favourably

Direct disability discrimination occurs where a school treats a disabled pupil less favourably than it would treat a non-disabled comparator, because of the pupil's disability. Direct discrimination cannot be justified — there is no statutory defence of proportionality or legitimate aim. Examples include: refusing to admit a disabled pupil on the grounds of their disability; refusing to allow a disabled pupil to participate in a school trip that non-disabled pupils attend; and treating a disabled pupil more harshly in disciplinary proceedings than a non-disabled pupil whose conduct is the same. A solicitor will advise on whether the treatment constitutes direct discrimination and bring the claim before the SEND Tribunal or appropriate court.

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Indirect discrimination — provisions that disadvantage disabled pupils

Indirect discrimination occurs where a school applies a provision, criterion, or practice that applies equally to disabled and non-disabled pupils but that puts disabled pupils at a particular disadvantage compared to non-disabled pupils — and the school cannot justify applying it. Examples include: a uniform policy that does not accommodate adaptations for pupils with skin conditions or sensory sensitivities; a behaviour policy that treats all pupils identically regardless of disability; and a "no food in lessons" policy that disadvantages pupils with Type 1 diabetes who need to manage their blood glucose levels. A solicitor will assess whether the policy or practice constitutes indirect discrimination and advise on the most effective approach to challenging it.

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Disability discrimination and school exclusion

Where a school excludes a pupil for behaviour that is connected to a disability, the exclusion may constitute discrimination arising from disability under s.15 EA 2010. The school must show that the exclusion was a proportionate means of achieving a legitimate aim — which, in most cases, requires the school to demonstrate that it had exhausted less severe alternatives (additional support, managed moves, short-term fixed exclusions) before resorting to permanent exclusion. A solicitor will bring a combined exclusion challenge (governors' meeting and IRP) and disability discrimination claim (SEND Tribunal) — addressing both the procedural fairness of the exclusion and the discriminatory nature of the decision.

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SEND Tribunal — disability discrimination remedies

The First-tier SEND Tribunal has jurisdiction to hear disability discrimination claims against schools. The tribunal can order the school to: stop the discriminatory treatment; take remedial steps to address the discrimination (making the reasonable adjustments that should have been made); pay compensation for financial loss arising from the discrimination; and pay compensation for injury to feelings. A solicitor will advise on the remedies available in the specific case, prepare the claim, gather evidence (including expert evidence on the impact of the discrimination on the child), and represent the family at the SEND Tribunal hearing. For further and higher education institutions, the claim is brought in the County Court, not the SEND Tribunal.

How It Works

Schools frequently fail in their duty to make reasonable adjustments for disabled pupils — often because staff are not trained in the school's obligations under the Equality Act. A solicitor will hold the school to account for its legal duties.

A solicitor will advise on the type of discrimination, assess the school's failure to comply with the Equality Act, gather the evidence, and bring a claim to the SEND Tribunal — seeking the adjustments required and compensation for the discrimination the child has suffered.

Submit Your Request
1

Tell us about the discrimination

Describe the child's disability, what the school has done or failed to do, and how the treatment has affected the child's education and wellbeing.

2

Solicitor assesses the claim and advises on remedies

An education law specialist identifies the type of discrimination, assesses the school's failure to comply with the Equality Act, and advises on the most effective route to securing the adjustments and compensation required.

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Free initial consultation

You receive clear advice on the disability discrimination claim and the remedies available — at no cost and no obligation.

Free Initial Consultation

Every disabled pupil has the legal right to reasonable adjustments — not as a favour, but as a duty imposed on every school by the Equality Act. A solicitor ensures that duty is met.

Get specialist disability discrimination in education advice — and find out how to enforce your child's legal rights against a school that is not meeting them.

Enforce My Child's Rights

Common Questions

Disability discrimination in education — what people ask us.

What counts as a "disability" for the purposes of the Equality Act in education?

A person has a disability under the Equality Act 2010 where they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. "Substantial" means more than minor or trivial; "long-term" means 12 months or more (or likely to be). Many conditions that affect pupils commonly — ADHD, autism, dyslexia, anxiety and depression, physical conditions such as type 1 diabetes or Crohn's disease — qualify as disabilities under the Act, even if they are managed with medication or support. A solicitor will advise on whether the child's condition qualifies as a disability for the purpose of the Equality Act claim.

The school says the adjustments my child needs are too expensive or disruptive. Is this a valid response?

Whether an adjustment is "reasonable" depends on a range of factors, including: whether the adjustment is effective (would it remove the disadvantage?); the financial and other costs of making the adjustment; the school's resources; the extent of the benefit to the disabled pupil; and the practical feasibility of the adjustment. Cost alone is rarely a sufficient reason to refuse a reasonable adjustment — particularly for smaller, low-cost adjustments (providing a pupil with a copy of the lesson notes, allowing a pupil to use a laptop, providing additional time in tests). A solicitor will assess whether the school's refusal to make the adjustment is justified or whether the cost and disruption argument is being overstated to avoid making changes that the school is legally required to make.

My child has been excluded for behaviour related to their autism. What can I do?

An exclusion for behaviour that is caused or contributed to by a pupil's autism may constitute discrimination arising from disability — where the school cannot show that the exclusion was a proportionate means of achieving a legitimate aim. A solicitor will bring a combined challenge: a school exclusion appeal (governors' meeting and IRP) and a disability discrimination claim to the SEND Tribunal. The evidence will focus on: the connection between the behaviour and the autism; whether the school had made the reasonable adjustments required by its anticipatory duty before the exclusion; and whether less severe alternatives (additional support, a managed move, a temporary exclusion followed by reintegration) were available and should have been used. The SEND Tribunal can award compensation for the discrimination and direct the school to make the adjustments required.

How long do I have to bring a disability discrimination claim against a school?

A disability discrimination claim against a school must be brought to the First-tier SEND Tribunal within 6 months of the act of discrimination (or within 6 months of the date the school became aware of the discrimination). The time limit can be extended by the tribunal in exceptional circumstances — where there is a good reason for the delay — but extensions are not guaranteed. A solicitor will advise on the time limit applicable to the specific claim, ensure the claim is notified in time, and prepare the case for the SEND Tribunal hearing. For further and higher education institutions, the claim is brought in the County Court within 6 months of the act of discrimination.

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