Disability Discrimination in Education
In relation to Admissions, Education and Associated Services, and Exclusions, the law states schools should ensure that disabled pupils and prospective pupils should not be treated less favourably than any other pupil for a reason related to their disability. Less favourable treatment on the part of the school may only be justified if it is ‘material and substantial’ to the particular case.
Schools have a duty to take ‘reasonable steps’ to ensure disabled pupils and prospective pupils are not placed at a substantial disadvantage.
Complaints about disability discrimination relating to schools are addressed to different bodies, depending on the status of the school:
| Matter |
Independent private and maintained schools |
Maintained (LEA) schools, including voluntary schools |
| Admissions |
SENDIST |
Admissions appeal panels |
| Permanent exclusions |
SENDIST |
Independent appeal panels for exclusions |
| Fixed term exclusions |
SENDIST |
SENDIST |
| Education and associated services |
SENDIST |
SENDIST |
Parents can use the Disability Rights Commission’s conciliation service to try and negotiate a satisfactory outcome. Claims to the SENDIST should be brought within 6 months from the date when the alleged discrimination took place. This is extended by 2 months if the DRC conciliation services has been utilised.
Disability discrimination claims in the HE and FE sectors are brought in the County Court. Claims should be brought within six months of the alleged act of discrimination. This time limit will be extended by two months if the DRC conciliation service is used.
If your claim relates to a qualifications body, you must bring your claim in the employment tribunal within 3 months of the act of the discrimination.