Overview
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Starting Point

Who is Disabled? - DDA definition of disability

The disability discrimination duties and the planning duties are owed to all pupils who are defined by the DDA as being disabled.  The DDA defines a disabled person as someone who 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.’

The definition covers a much larger group of children than most people think. A report from the Cabinet Office (2005) Improving the Life Chances of Disabled People, draws on estimates that suggest that about 772,000 children in the UK are disabled, equivalent to 7% of all children.

Definition of the terms:

• ‘physical impairment’ includes sensory impairments;
• ‘mental impairment’ includes learning difficulties and an impairment resulting from or consisting of a mental illness;
• ‘substantial’ means ‘more than minor or trivial’; and
• ‘long-term’ is defined as 12 months or more.

Mental and physical impairments

The definition includes a wide range of impairments, including hidden impairments such as dyslexia, autism, speech and language impairments, Attention Deficit Hyperactivity Disorder (ADHD).  These are all likely to amount to a disability, but only if the effect on the pupil’s ability to carry out normal day-to-day activities is substantial and long-term, as defined above.  Some progressive conditions, such as cancer, multiple sclerosis and HIV/AIDS are included before they have an effect on the pupil’s ability to carry out normal day-to-day activities. 

Normal day-to-day activities

The test of whether an impairment affects normal day-to-day activity is whether it affects one of the following:

• mobility ;manual dexterity;  physical co-ordination; continence; ability to lift, carry or otherwise move everyday objects; speech, hearing or eyesight; memory or ability to concentrate, learn or understand;

      perception of risk of physical danger.

Special educational needs and disability

A disabled child has special educational needs if they have a disability and need special educational provision to be made for them in order to be able to access the education which is available locally. 

How do we find out who is disabled in school?

This needs to be done sensitively. Staff,   pupils and parents need to feel  safe enough to share any difficulties they have as a result of an impairment or health condition

Also people need to know why the information is being requested and what is going to happen as a result that will be helpful for them

Opportunities for asking for / collecting information/ feedback

• school admission
• routine communications – parents evening, satisfaction surveys, newsletters

It is quite likely that schools will identify finding out who is disabled as an action that will form part of their Disability Equality Plan, or in response to self evaluation.

Acknowledgements:

• Implementing the DDA in schools and early years - DfES
• Schools and the Disability Equality duty in England and Wales – Guidance for governors, headteachers, teaching and support staff working in schools in England Wales – Disablity Rights Commission