“Experts at Hand” SEND reforms: the gap between policy and promise
The government has now published its “Experts at Hand” initiative for 2026–2027, which sits at the centre of current proposed
Disability Discrimination in Education
Understanding how school’s must support your child’s rights
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Overview
Disability discrimination – understanding your child’s rights in education
Education providers have a legal duty under the Equality Act 2010 to ensure that pupils are not discriminated against because of a disability. In some circumstances, schools are also expected to take positive steps to ensure disabled pupils have equal access to education and the provision of services. This includes making reasonable adjustments where needed.
This protection applies to:
- Children applying to a school
- Pupils currently attending (including those who are temporarily absent or excluded)
- Former pupils where there is an ongoing relationship with the education provider
All education providers are covered by these duties, including nurseries (where applicable), state schools, independent schools, colleges and universities.
Types of disability discrimination
Disability discrimination in education can take several forms:
- Direct discrimination: treating a pupil is less favourably because of their disability
- Discrimination arising from disability: unfair treatment linked to something caused by their disability (for example, behaviour caused by a condition)
- Indirect discrimination: policies or rules that disadvantage disabled pupils without justification
- Failure to make reasonable adjustments: not taking reasonable steps to remove barriers for a disabled pupil to access education
- Harassment: behaviour that creates a hostile, humiliating or degrading environment
- Victimisation: treating a pupil unfairly because they (or their family) have made or supported a complaint
How to make a disability discrimination claim
How we can support you
A hard working and committed team with deep expertise in education law litigation, including disability rights law.
Speak to a specialist
If you believe your child has experienced disability discrimination, we can help you understand your options and take the next step.
Contact our specialist education solicitors today for clear, practical advice.
How a disability discrimination claim can help
It’s important to think carefully about the remedies available in a disability discrimination claim. If you bring a claim to the First-tier Tribunal for Special Educational Needs and Disability (SEND Tribunal), you will not be able to receive financial compensation. The Tribunal’s role is corrective rather than compensatory, focusing on ensuring your child can access education on an equal footing, addressing the impact of the discrimination, and preventing it from happening again.
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