Discrimination is defined as an act by a responsible body that discriminates against a disabled person for a reason which relates to his or her disability, race, sex or religion.
A student is classed by legislation as being disabled if he or she has a physical or mental impairment, which has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities.
Matters of Disability Discrimination frequently arise in schools. An example of this may occur when children with difficulties are sometimes excluded from school trips or other activities. Discrimination also arises in other areas of education, for example:
- In school admissions arrangements
- In the educational provision provided for a student
- In excluding a student with difficulties
This is why Attwaters Jameson Hill’s Education Law Solicitors are here.
We pledge to provide every client with outstanding personal service and communication, unrivalled industry knowledge and a proven track record of successfully representing clients regarding claims of Discrimination.
How do we achieve this?
With the advent of the Equality Act 2010, Discrimination law has developed significantly. For example:
- A student with a disability may be discriminated against in school if he or she is treated less favourably than a non-disabled student
- They may also be discriminated against if the school has failed to make reasonable adjustments for the student
- Discrimination will also exist if a student is treated less favourably because of his or her race, sex or religion
If the school refuses to make reasonable adjustments the refusal will need to be justified. Cost is often a prohibitive factor to making reasonable adjustments but not all reasonable adjustments are prohibitively costly.
All disability discrimination claims against schools must be brought to the Special Educational Needs and Disability Discrimination Tribunal. These claims will result in practical remedies such as training, apologies and a recognition that the child has been discriminated against, compensation will not be awarded.
If you think your child has suffered discrimination, you should act quickly. The time limit to bring a claim is 6 months from the last act of discrimination.
Obtaining clear, high quality legal advice as soon as possible will ensure the correct issues can be identified and appropriate representations made.