Reasonable Adjustments and the Equality Act
Reasonable Adjustments
Organisations including schools, have a legal duty under the Equality Act 2010 to make reasonable adjustments. Reasonable adjustments is the term used to describe the changes made to help someone with a disability.
The duty to make reasonable adjustments requires a school to take positive steps to ensure that disabled pupils can fully participate in the education provided by the school, and that they can enjoy the other benefits, facilities and services that the school provides. So the duty covers all aspect of school life including lunch times, school clubs and trips.
The duty is anticipatory, which means that a school should be thinking ahead about what changes may need to be made in the future to support a disabled child.
Examples of a reasonable adjustment include; printing resources in a larger font for a child with a visual impairment and adapting a uniform policy for a child with sensory needs.
Many children with SEND also have a disability. The definition of a disability is defined in the Equality Act 2010 which says;
A person (P) has a disability if—
(a) P has a physical or mental impairment, and
(b) the impairment has a substantial and long-term adverse effect on P’s ability to carry out normal day-to-day activities.
‘Long term’ means if it lasts for at least 12 months or more and “substantial” means if it is more than minor or trivial.
The term “reasonable” is not defined in law, but when deciding if an adjustment will be made consideration is given to lots of factors including the cost of making the changes and any health and safety requirements.
Reasonable adjustments also apply to exams and assessments to ensure they are accessible to pupils with a disability. Adjustments include; providing papers in a larger print, extra time or a scribe. It is the school who would apply to an exam board for adjustments to be made, showing that a pupil is disabled and that their disability would significantly disadvantage them in the assessment. Access Arrangements, Reasonable Adjustments and Special Consideration – JCQ Joint Council for Qualifications
Who can I speak to?
If you have concerns that reasonable adjustments have not been made for your child in school or you feel that more adjustments are needed, the first step would be to discuss this with the school. You could ask about what reasonable adjustments are in place and discuss together any other support you or your child feel they need.
If your child has an Education Health and Care Plan (EHCP) you can refer to the support outlined within Section F, and you may wish to contact your SEND Coordinator.
If this does resolve your concerns and you have concerns that your child is being discriminated against due to their disability, you have the option of following the schools complaints procedure (which can usually be found on the schools website) or you may wish to bring a claim to the First Tier SEND Tribunal. (For disability discrimination claims against education providers other than schools, for example colleges, must be brought to the County Court rather than the SEND Tribunal).
The SEND Code of Practice says:
“Parents of disabled children and disabled young people in school have the right to make disability discrimination claims to the Tribunal if they believe that their children or the young people themselves have been discriminated against by schools or Local Authorities when they are the responsible body for a school. (11.53)”
Disability Discrimination
There are also other types of discrimination under the Equality Act which can also be raised at the SEND Tribunal which are summarised below;
- Direct Discrimination – when a person is treated less favourably due to their disability.
- Discrimination arising from a disability – where a person is treated less favourably because of something arising in consequence of their disability and it cannot be shown that the treatment is a proportionate means of achieving a legitimate aim.
- Indirect discrimination – This occurs when a provision, criterion or practice is applied in the same way for all pupils, but this has the effect of putting disabled pupils at a particular disadvantage and it cannot be shown to be a proportionate means of achieving a legitimate aim.
- Harassment and victimisation – When a person engages in unwanted conduct related to an individual’s disability and this has the purpose/effect of violating the individual’s dignity or creating an intimidating, hostile, degrading humiliating, or offensive environment for the individual. Victimisation occurs when a person victimises someone if they subject the individual to a detriment because they have a disability or believe they have a disability. This includes if a person was treated baldly because they were making a claim of Disability Discrimination under the Equality Act.
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