A child is classed by legislation as being disabled if he or she 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.
Discrimination is defined as an act by a responsible body that discriminates against a disabled person for a reason, which relates to his or her disability.
Matters of Disability Discrimination frequently arise in schools for example often children with difficulties are sometimes excluded from school trips or other activities. In these circumstances legal advice should be sought, as there is established case law in which courts have awarded damaged to pupils who have been discriminated against.
Disability discrimination also arises in other areas of education, for example:
- In school admissions arrangements
- In the educational provision provided for a child
- In out of school activities arranged by the school
- In excluding a child with difficulties
Turner’s Solicitors can advise on all areas relating to Disability Discrimination when parents are seeking to enforce their child’s right and on the procedure of bringing a case to the Special Educational Needs and Disability Discrimination Tribunal.
Disability discrimination law has developed significantly in recent years with the Equality Act 2010. A child with a disability may be discriminated against in school or college if he or she is treated less favourably than a non-disabled pupil. They may also be discriminated against if the school or college has failed to make reasonable adjustments for the pupil.
Emma Turner advises clients in relation to Disability Discrimination. She has also been employed by the Equality and Human Rights Commission to assist in the drafting of the guidance for the Equality Act 2010.
She advises clients whether there is a potential Disability Discrimination claim to be brought and the chances of success of a claim.