Duty not to discriminate

The duty is imposed on schools and bodies responsible for the provision of further or higher education. The duty is not to treat disabled pupils or students less favourably for disability related reasons.

Disabled students may not be discriminated against in

  • the arrangements made for determining admission to the school or further or higher education establishments
  • refusing or deliberately omitting to accept an application for admission to the school as a pupil
  • the education or associated service provided forpupils at the school or further or higher education establishments.

Schools are expected to make “reasonable adjustments” to meet the needs of disabled children who might become pupils.  If you are concerned that your child may have been discriminated against because they are disabled, please do contact us.

Claims for disability discrimination are made to the Special Educational Needs & Disability Tribunal. Such claims must be made within six months of the discrimination.

We have successfully represented parents at the Special Educational Needs & Disability Tribunal in respect of disability discrimination claims. Special Educational Needs & Disability Tribunals are not able to order compensation. They may, however, make an Order for an apology or additional training for the school.

Claims against disability discrimination in schools and academies

Schools must not discriminate against a pupil because of disability in relation to admissions, the provision of education and access to any benefit, facility or service or exclusions.

Preparing and drafting Grounds of Disability Discrimination Claim, advising generally in respect of the claim and attending any interim direction hearings.

Legal costs – £2,500 plus VAT

To attend Disability Discrimination Claim hearing including preparation for hearing for one day

£1,000 plus VAT

In addition to the fee for attending the Tribunal, there will be additional charges in respect of travel, fares and possibly overnight hotel, depending on location of the Tribunal.

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