Disability Discrimination:
The SEN & Disability Act 2001 brings schools and other educational facilities under the provisions of the Disability Discrimination Act.
From September 2002 it will be unlawful to discriminate against a disabled person; where discrimination is defined as “ treating a person less favorably for a reason relating to his disability where this treatment would not apply to others and this treatment cannot be justified”. For the purpose of this legislation, a disabled person is defined as someone who has a physical or mental impairment, which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.
Because of this definition, children with SEN will not necessarily be defined as "disabled".
Discrimination will be unlawful in relation to:
- Education and associated services provided to pupils.
- Arrangements for determining schools admissions.
- Exclusions – temporary and permanent – from school.
LEA’s must prepare accessibility strategies aimed at increasing the extent of participation in schools’ curriculums and improving the physical environment of schools, thereby enabling better access etc for disabled pupils. However, there is no requirement for a school to make physical alterations to premises or provide auxiliary aids.
Complaints of Disability Discrimination will generally be dealt with by the Special Educational Needs & Disability Tribunal (SENDIST) although cases concerning admissions and permanent exclusions will be heard by independent appeals panels.
If the SENDIST finds that discrimination has occurred it can order any remedy it thinks appropriate, but cannot award any financial compensation.
