Disability in Schools
The Disability Discrimination Act makes it unlawful for a school to discriminate against disabled pupils (including
prospective pupils). This applies to education authority schools, independent schools and grant-aided schools.
Schools have a duty to take reasonable steps to avoid substantial disadvantage to disabled pupils. This duty is described as an “anticipatory duty” because it applies to disabled pupils in general, rather than being restricted to an individual pupil complaining about discrimination. By the time a complaint is raised it may be too late to act to avoid the substantial disadvantage which may affect a particular disabled pupil.
This duty does not include the provision of auxiliary aids and services or the removal or alteration of physical features. What is left? Policies, practices, procedures etc. That is, how a school makes use of the personnel, premises and resources available to it.
Enforcement
In Scotland, legal claims for disability discrimination in schools can only be brought in the Sheriff court. The time limit for bringing an action in court is usually six months. Compensation is not available.
Disability Equality Duty
The Disability Equality Duty (DED) requires schools to take a more proactive approach to promoting disability equality and eliminating discrimination. This can be relied on in court if schools or education authorities having acted without taking the needs of disabled pupils into consideration.
