Your child comes home upset. Again. The name-calling, the exclusion at break time, the mocking of how they speak or move. You’ve told the school. They said they’d deal with it. Nothing changed.
If your child has a disability and the bullying is connected to it, this isn’t just a playground problem. It’s potential disability discrimination. And the law gives you tools that go far beyond the school’s anti-bullying policy.
The numbers are stark
Research by the Anti-Bullying Alliance and the Department for Education (DfE) shows that 37% of disabled pupils face bullying. Disabled children are twice as likely to be bullied as non-disabled children. The bullying often targets exactly what makes them different: their communication, their behaviour, their need for support. Schools that treat this as routine bullying are missing the point.
Bullying vs disability discrimination
Every school must have an anti-bullying policy under the Education and Inspections Act 2006. But anti-bullying policies are internal school documents. They don’t give you legal recourse if the school fails to act.
The Equality Act 2010 is different. It’s the law. And when bullying is connected to your child’s disability, three forms of discrimination may apply.
Here’s how the law recognises different types of disability-related bullying:
The key difference: an anti-bullying complaint asks the school to do better. A discrimination claim holds the school legally accountable.
What the school should be doing
Schools have a legal duty to make reasonable adjustments for disabled pupils. When it comes to bullying, reasonable adjustments might include:
- Staff training on disability awareness and how bullying targets SEND children
- A named adult your child can go to when bullying happens
- Structured supervision during unstructured times like break and lunch
- Whole-class education about disability and difference
- A clear recording system for disability-related incidents
- Adjustments to the behaviour policy so your child isn’t punished for reactions to bullying
The duty to make reasonable adjustments is anticipatory. Schools should plan ahead for disabled pupils, not wait for problems to develop. If the school has done nothing to prevent disability-related bullying, that’s likely a failure in itself.
Document everything
If bullying is ongoing, your records will be essential if you later bring a claim. Keep a written log covering:
- Date and time of each incident
- What happened in specific terms (who said or did what)
- Witnesses (other children, staff, parents)
- How you reported it (email, meeting, phone call) and to whom
- What the school said they would do
- What actually happened afterwards
Email is better than phone calls. It creates a paper trail. If you speak to the school in person, follow up with an email summarising what was discussed and agreed.
Raising it formally with the school
Start by putting your concerns in writing to the headteacher. Frame the issue clearly: this is disability-related bullying, not routine conflict.
Your letter should reference:
- The specific incidents (dates, details)
- The connection between the bullying and your child’s disability
- The Equality Act 2010 and the school’s duty to make reasonable adjustments
- What you want the school to do (specific actions, not vague promises)
If the headteacher doesn’t resolve it, write to the governing body. Governors have oversight duties and should take disability discrimination seriously.
The SEND Tribunal route
If the school fails to act and your child has experienced disability discrimination, you can bring a claim to the SEND Tribunal (Special Educational Needs and Disability Tribunal). You don’t need a solicitor.
The process works like this: record each incident with dates, details, and the school’s response. Write to the headteacher framing the issue as disability discrimination and give them a chance to act. If the school doesn’t resolve it, contact the governors and your local SENDIASS to escalate formally. Then complete form SEND4A or SEND4B and submit to the SEND Tribunal (there’s no fee).
There’s a critical deadline: you must file a disability discrimination claim within 6 months of the discriminatory act. After filing, the tribunal hears both sides and decides, usually on a timetable of around 20 weeks from the claim being lodged. If bullying is ongoing, each incident opens a new 6-month window. The tribunal can declare that discrimination occurred, order the school to take specific steps, and award compensation. A finding of discrimination goes on the school’s record.
You don’t need to prove the bullying was intentional. What matters is the effect on your child and whether the school failed in its duties. Unintentional discrimination is still discrimination.
What about the police?
If bullying involves physical assault, threats of violence, or online harassment, it may also be a criminal matter. You can report it to the police. Disability hate crime is treated as an aggravating factor in sentencing.
The police route and the tribunal route are separate. You can pursue both.
Getting help
Your local SENDIASS (Special Educational Needs and Disabilities Information, Advice and Support Service) can help you understand your options, draft letters to the school, and support you through the tribunal process.
IPSEA (Independent Provider of Special Education Advice) provides free legal advice on disability discrimination in schools, including whether your situation meets the legal test.
Kidscape offers specialist anti-bullying support for families, including a helpline and guidance for parents.
Anti-Bullying Alliance has resources specifically about bullying of children with SEND.
It’s not “just bullying”
When bullying targets your child’s disability, it’s discrimination. The school has legal duties it cannot ignore. An anti-bullying policy is a starting point, but the Equality Act gives you real legal weight.
Record everything. Frame it as discrimination. And if the school won’t act, the tribunal is there to hold them to account.
Sources and further reading
Legislation and official guidance
- Equality Act 2010 (disability discrimination, harassment, and reasonable adjustments in schools)
- Education and Inspections Act 2006, Section 89 (school duty to prevent bullying)
- Preventing and tackling bullying (DfE statutory guidance for schools)
- SEND Tribunal: making a disability discrimination claim (how to file a claim)
Statistics
- Anti-Bullying Alliance research on bullying and SEND (prevalence data for disabled pupils)