Definition
The Equality Act 2010 is the UK-wide legislation that protects disabled children from discrimination and requires schools and other providers to make reasonable adjustments. It applies independently of, and alongside, the SEND framework: a child does not need a diagnosis or an EHCP to be protected.
In context for parents
Key checkpoints
- UK-wide legislation protecting disabled children from discrimination and requiring reasonable adjustments.
- Section 6 defines disability: a physical or mental impairment with a substantial and long-term (12-month+) adverse effect on day-to-day activities.
- Schedule 1 paragraph 6: cancer, HIV, and multiple sclerosis are deemed disabilities from date of diagnosis.
- Sections 85 and 91 plus Schedule 13 set the duties on schools (anticipatory reasonable adjustments; section 15 discrimination arising from disability).
- Disability discrimination claims against schools go to the First-tier Tribunal (SEND), within six months of the act complained of.
Disability under the Act is defined at section 6: a physical or mental impairment that has a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities. Long-term means 12 months or more (or expected to be). Schedule 1 paragraph 6 provides that some conditions (including cancer, HIV, and multiple sclerosis) are deemed disabilities from the date of diagnosis. Children with autism, ADHD, dyslexia, dyspraxia, Tourette's, OCD, anxiety, hearing or visual impairment will almost always meet the definition.
The duties on schools (set out at sections 85 and 91, and schedule 13) include: not to discriminate directly, indirectly, by harassment, by victimisation, or by failure to make reasonable adjustments. Specific forms relevant in SEND: disability-related discrimination (less favourable treatment because of something arising from disability, s.15), and the anticipatory duty to make reasonable adjustments (s.20, schedule 13).
The "anticipatory" duty matters. Schools cannot wait until a disabled child is on roll to start thinking about adjustments: the duty is forward-looking and applies to disabled pupils generally. A school that excludes a child for behaviour that "arose from" their disability without first considering reasonable adjustments is likely to be acting unlawfully under s.15.
Disability discrimination claims against schools go to the First-tier Tribunal (SEND) under the same procedure as EHCP appeals. The time limit is six months from the act complained of (or the last in a series of acts). The remedy is declaratory and behavioural (reinstatement, policy change, training), not financial compensation.
Related terms
The terms parents most often see alongside Equality Act 2010.
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.
Disability Discrimination
Unlawful treatment of a disabled child under the Equality Act 2010, including failure to make reasonable adjustments. Claims against schools are heard by the SEND Tribunal.
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 where the school has not considered disability, after a school trip where the child has been excluded for "safety reasons", or after a behaviour incident that arose from autism, ADHD, or anxiety. Searches include "school disability discrimination claim", "Equality Act reasonable adjustments school", and "disability discrimination tribunal SEND". A Beaakon SEND solicitor can identify whether the conduct is discriminatory under s.15, draft a letter before claim, and run the SEND Tribunal claim within the six-month window.
References
The primary legislation, statutory guidance, research, and clinical tools this page draws on.