Definition
Disability discrimination is unlawful treatment of a disabled child under the Equality Act 2010, including direct discrimination, indirect discrimination, discrimination arising from disability, harassment, victimisation, and failure to make reasonable adjustments. Claims against schools are heard by the First-tier Tribunal (SEND) with a six-month time limit.
In context for parents
Key checkpoints
- Unlawful treatment of a disabled child under the Equality Act 2010: direct, indirect, harassment, victimisation, failure to make reasonable adjustments, or s.15 discrimination arising from disability.
- Section 6 disability definition does not require a diagnosis, EHCP, or SEN Support label.
- Section 15 makes it unlawful to treat a disabled child unfavourably because of something arising in consequence of their disability, unless objectively justified.
- Claims against schools heard by the First-tier Tribunal (SEND) within six months of the act (Schedule 17 paragraph 4 Equality Act 2010).
- Remedies are declaratory and behavioural (reinstatement, training, policy changes), not financial damages.
The Equality Act 2010 protects disabled pupils whether or not they have an EHCP, a diagnosis, or a SEN Support label. The legal test for disability is at section 6: a physical or mental impairment with a substantial and long-term (12-month) adverse effect on day-to-day activities. Autism, ADHD, dyslexia, Tourette's, OCD, anxiety, hearing or visual impairment will normally meet this definition.
The form of discrimination that comes up most often in school disputes is section 15: discrimination arising from disability. Section 15 makes it unlawful to treat a disabled child unfavourably because of something arising in consequence of their disability, unless the treatment can be objectively justified. Crucially, the school does not have to know the pupil is disabled at the moment of the unfavourable treatment if they could reasonably be expected to know.
In practice, section 15 claims often arise from behaviour-related exclusions. A child with autism is suspended for hitting another pupil during a sensory meltdown. The "behaviour" arose from the disability. If the school cannot demonstrate it considered reasonable adjustments first and that the exclusion was a proportionate means of achieving a legitimate aim, the exclusion is likely unlawful.
The claim is made by the parent (for under-16s) or the young person to the First-tier Tribunal (SEND), within six months of the act complained of (Schedule 17 paragraph 4 Equality Act 2010). Remedies are declaratory and behavioural (reinstatement, staff training, policy changes, a written apology), not financial damages. The school's anonymous reporting to the Tribunal published list does some reputational work too.
Related terms
The terms parents most often see alongside Disability Discrimination.
Equality Act 2010
UK-wide legislation that protects disabled children from discrimination and requires schools to make reasonable adjustments. Applies independently of, and alongside, the SEND framework.
Reasonable Adjustments
Changes a school or service must make under the Equality Act 2010 to prevent a disabled child being put at a substantial disadvantage. Examples: rest breaks, ear defenders, modified PE.
SEND Tribunal
An independent tribunal that hears appeals against local authority decisions on EHC needs assessments, EHCP contents, school placement, and disability discrimination by schools.
Where parents ask about this
Parents usually find this page after a fixed-term suspension, after a school trip where the child has been excluded, or after a refusal to make a reasonable adjustment. Searches include "school disability discrimination claim", "section 15 Equality Act school", and "SEND tribunal disability discrimination". A Beaakon SEND solicitor can identify whether the conduct meets the Equality Act test, draft the SEND tribunal claim within the six-month window, and run the hearing.
References
The primary legislation, statutory guidance, research, and clinical tools this page draws on.
- Equality Act 2010, sections 6 and 15; Schedule 17
- Equality and Human Rights Commission (EHRC): Technical Guidance for Schools in England
- DfE (2023, statutory): Suspension and Permanent Exclusion from maintained schools
- First-tier Tribunal (Special Educational Needs and Disability)
- Timpson Review (2019): Review of School Exclusion