Overview
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Discrimination Duties (2001)

Disability discrimination duties in the DDA

It is unlawful for schools to discriminate against disabled pupils.  A school may discriminate if:

•  It treats a disabled pupil or prospective pupil less favourably than another for a reason related to their disability and without justification (the ‘less favourable treatment duty’);
• It fails, without justification, to take reasonable steps to avoid placing disabled pupils at a substantial disadvantage (the ‘reasonable adjustments duty’).

Links

1. Requirements and principles A helpful one page summary giving an overview of the requirements and principles involved in making reasonable adjustments

• www.teachernet.gov.uk

2. Key factors in making reasonable adjustments include vision and ethos, a positive attitude and a proactive approach to identifying barriers and finding practical solutions. Further factors can be found at:

• www.teachernet.gov.uk

These factors will be recognised as important in ensuring the presence, participation and progress for all pupils in school.

3. Examples of reasonable adjustments in primary and secondary schools:

• www.teachernet.gov.uk/wholeschool

Examples of cases that have been taken to SENDIST:

• www.drc-gb.org

The DVDs in Implementing the Disability Discrimination Act in schools and Early Years settings – a training resource for schools and local education authorities include many different examples of schools making reasonable adjustments.