Your child keeps being sent out of class. The school trip went ahead without your child because they “couldn’t manage.” The behaviour policy punishes your child for things directly caused by their disability. And every time you raise it, the school says they’re doing their best.
Sometimes “doing their best” isn’t good enough. And sometimes, what’s happening has a name: disability discrimination.
The Equality Act 2010 protects disabled children in schools. If your child’s school is treating them less favourably because of their disability, the law is on your side.
What counts as a disability?
Under the Equality Act, a disability is a physical or mental impairment that has a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities. “Long-term” means it has lasted, or is likely to last, at least 12 months.
Most conditions that lead to SEND will meet this definition. Autism, ADHD, dyslexia, epilepsy, cerebral palsy, anxiety disorders, and learning disabilities are all covered. Your child doesn’t need a formal diagnosis for the Equality Act to apply, but they do need to meet the definition. Importantly, the Equality Act applies to all schools in England, including academies, free schools, and independent schools. There are no exemptions for school type.
The three types of discrimination
The Equality Act covers several forms of discrimination, but three are most relevant to schools:
There’s also a fourth type that’s particularly important: discrimination arising from disability (section 15). This is when the school treats your child unfavourably because of something connected to their disability, rather than the disability itself.
For example: excluding a child for aggressive behaviour, when the behaviour is a direct result of unmet sensory needs caused by autism. The school isn’t discriminating because of autism directly. It’s discriminating because of behaviour that arises from autism.
Reasonable adjustments
The duty to make reasonable adjustments is anticipatory. This means schools can’t wait until a disabled child arrives and then react. They should be thinking in advance about what adjustments might be needed.
Reasonable adjustments might include:
- A quiet space or sensory room for a child who becomes overwhelmed
- Modified homework expectations for a child with processing difficulties
- A visual timetable for a child with autism
- Extra time in tests as standard practice
- Alternative ways to participate in PE or group activities
- A different approach to behaviour management for a child whose behaviour is linked to their disability
The word “reasonable” matters. The school doesn’t have to do everything possible. But it must do what’s reasonable, taking into account the school’s resources, the effectiveness of the adjustment, and the impact on other pupils.
A school can’t argue that an adjustment is unreasonable simply because it costs money or requires staff training. The duty is on the school to take reasonable steps. If the school hasn’t even considered adjustments, that’s likely a failure.
How to recognise discrimination
Discrimination doesn’t always look like someone being deliberately unfair. It’s often systemic. Here are patterns to watch for.
Look out for these red flags:
- Your child is regularly excluded or sent home for behaviour linked to their disability
- School trips or activities happen without your child because the school says it can’t accommodate them
- The behaviour policy is applied rigidly without regard to your child’s disability
- Your child is put on a reduced timetable without your agreement or a formal plan
- The school refuses to implement reasonable adjustments that you or professionals have suggested
- Your child is isolated from peers (separate table, separate break time) as a management strategy
Keep a record of every incident. Write down dates, what happened, who was involved, and what the school said. This evidence will be essential if you later bring a claim.
Bringing a disability discrimination claim
If you believe your child has experienced discrimination at school, you can bring a claim to the SEND Tribunal (First-tier Tribunal, Special Educational Needs and Disability).
The process works like this: record what happened, including dates, witnesses, and any communication with the school. Put your concerns in writing to the headteacher and give them a chance to respond and resolve the issue. Complete a disability discrimination claim form and submit it to the SEND Tribunal. The school or local authority has 30 working days to respond to the claim. The tribunal then hears both sides and makes a decision, usually within 6 months of filing. You can represent yourself or have support.
The key thing to remember is the strict timeline: you must file a disability discrimination claim within 6 months of the discriminatory act. If discrimination is ongoing, each incident starts a new 6-month window.
What the tribunal can do
If the tribunal finds that discrimination has occurred, it can:
- Declare that discrimination took place (this goes on the school’s record)
- Order the school to take specific steps to prevent future discrimination
- Order the school to make specific adjustments
- Order reinstatement if the child was excluded
- Award compensation for injury to feelings
The tribunal can’t fine the school or punish individual staff members. But a finding of discrimination is significant, and the remedies can require real changes.
You don’t need a solicitor
Many parents bring discrimination claims without legal representation. The tribunal is designed to be accessible, and the panel understands that parents aren’t lawyers. Your local Special Educational Needs and Disabilities Information, Advice and Support Service (SENDIASS) can help you prepare, attend the hearing, and present your case.
That said, if the case is complex or the school is legally represented, getting advice from Independent Provider of Special Education Advice (IPSEA) or a specialist education solicitor can help.
Getting help
IPSEA provides free legal advice on disability discrimination in schools and can help you understand whether your situation meets the legal test.
Your local SENDIASS can support you through the complaint process and attend tribunal hearings with you.
Equality Advisory Support Service (EASS) offers advice on Equality Act issues, including education.
How our free tool can help
The AI assistant at SEND Parents Help covers disability discrimination in detail. You can describe what’s happening at your child’s school and get guidance on whether it may amount to discrimination, what reasonable adjustments the school should consider, and how to take it further.
Your child has legal protection
Discrimination against disabled children in schools is unlawful. It’s not a matter of opinion or school policy. It’s the law.
If your child’s school is treating them less favourably because of their disability, or failing to make reasonable adjustments, you have the right to challenge it. Document everything, raise it formally, and if the school won’t act, the tribunal is there to hold them accountable.
Sources and further reading
Legislation and official guidance
- Equality Act 2010 (full text, including Part 6 on education)
- Equality Act 2010: schools guidance (DfE non-statutory guidance)
- SEND Code of Practice (school duties for children with SEN)
- SEND Tribunal: making a disability discrimination claim (how to file a claim)