Discrimination - what the law says - Education - Schools

Part 4 of the DDA 1995, as amended, makes it unlawful for a responsible body for a school to discriminate against a disabled child;

in relation to admissions
in relation to education and associated services
by excluding a pupil

girl with a globe

Discrimination against a disabled child can occur in two ways. Discrimination is either;

treating a disabled pupil or prospective pupil less favourably for a reason relating to his or her disability, than someone to whom that reason does not apply, without justification, or
failing to take reasonable steps to ensure that disabled pupils or prospective pupils are not placed at a substantial disadvantage in comparison with their non-disabled peers without justification.

The duty not to treat a disabled pupil less favourably and the duty to make reasonable adjustments are the two core duties that lie at the heart of the disability discrimination provisions in education.

Scales of Justice

The act says that the responsible body for a school discriminates against a disabled child if:

for a reason relating to the child's disability, it treats him or her less favourably than it treats, or would treat, others to whom that reason does not apply, or would not apply; and

it cannot show that the particular treatment is justified
There are two ways in which less favourable treatment may be justified under the Act:
it can be justified if it is the result of the permitted form of selection
otherwise it can only be justified if there is a reason which is both material to the circumstances of the particular case and substantial

The act says that a reasonable body cannot justify less favorable treatment if there is a reasonable adjustment that should have been made that wasn't. The duty on schools to make reasonable adjustments is anticipatory. It is the potential for a substantial disadvantage that should trigger a consideration of what reasonable steps might need to be taken.

Disclaimer
The above information should not be regarded as an authoritative statement of law. All legal documents reproduced on this site, or abstracts thereof or comments and or statements made concerning the law cannot be regarded as authoritative statements of law. Appropriate professional advice should be sought.

Clicking the link below will take you directly to the website of the Equality and Human Rights Commission - 'The law' where you will find links to the Act and the relevant Codes of Practice.

Contact DCS for more information - info@dcs-gb.com© content copyright 2009, Disability Conciliation Service

	DCS is an independent service provided by Mediation Works, a national organisation working to develop constructive means of resolving conflicts in communities. DCS is funded by the Equality and Human Rights Commission (EHRC). Last Modified: 28/6/2009

Discrimination - what the law says - Education - Schools

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