The Special Educational Needs and Disability Act 2001 (SENDA) makes all forms of Disability Discrimination unlawful in Education.

As a result, the DDA now covers all schools and Post -16 establishments and includes independent schools and colleges. This enables both prospective and actual disabled pupils or students to challenge acts of Disability Discrimination.

We advise individual schools and colleges on the need to make reasonable adjustments and the ongoing duty with regard to accessibility planning and the equality duty.

All cases concerning schools are brought by way of a claim in the Special Educational Needs and Disability Tribunal (SEND) apart from Admissions and Exclusions which are dealt with by the locally constituted Independent Appeal Panel (IAP). Claims of Disability Discrimination in Post-16 provision must be made by the student in the County Court.

Both types of case are made against the ‘Responsible Body’, usually the Governors or the Local Authority. We advise and represent schools, Local Authorities, and colleges in defending such claims which includes drafting the response on behalf of the Responsible Body and representation before the Tribunal.

For advice on disability discrimination, please email Tracey Eldridge-Hinmers or call on 020 7665 0802 or 0117 314 5378.