|
Some children may have a disability within the meaning of
the Disability Discrimination Act 1995. From September 2002, it
became unlawful for a school in relation to certain activities to
treat a disabled child less favourably than a non-disabled child,
without justification. The activities where a school must take care
not to discriminate unfairly concern admissions, exclusions, and
the provision of education and related services. A school must make
reasonable adjustments to ensure that it does not treat a disabled
child less favourably although reasonable adjustments do not extend
to physical adaptations or the provision of equipment. A school is
able to justify its actions where it can demonstrate that the
adjustments required are unreasonable.
A disability is defined as a physical or mental impairment that
has a substantial and long term adverse affect on the person's
ability to carry out day to day activities. There will be some
children who have Statements of SEN who do not fit this definition
but, equally, there will be children who do not have Statements of
SEN who are considered to have a disability.
If you think that your child has been discriminated against on
the grounds of a disability in relation to the arrangements made
for his or her admission, you may have a right of appeal. Advice is
provided in the booklet 'Disability Discrimination in Schools. How
to Make a Claim'. You can obtain a copy of this booklet:
By post from:
The Special Educational Needs and Disability Tribunal
Secretariat, Procession House, 55 Ludgate Hill, London EC4M 7JW
By telephoning: 0870 606 5750
By faxing: 020 7029 9726
By email:
tribunalqueries@sendist.gsi.gov.uk
The area AEN offices have a limited supply of these booklets
that they send to parents/carers of children with Statements.
However, in cases where you feel there has been unfair
discrimination, you should, in the first instance, discuss your
concerns with the school. If you still feel that the school could
make reasonable adjustments and are refusing to do so, contact your
Area AEN team for further advice. They will be happy, if necessary,
to discuss the issues with your preferred school and we will always
try to resolve issues through conciliation and/or mediation.
However, any process of conciliation or mediation will not in any
way prejudice your right of appeal to the
tribunal. |