disability discrimination affect access to education
Disability discrimination is when someone is treated less favourably than others because of something to do with their disability. It can happen in a number of ways, including not making reasonable adjustments and excluding disabled students. The Equality Act 2010 and other legislation set out the law on disability discrimination. The Act covers impairments such as physical, intellectual, psychiatric and sensory, and health conditions like the HIV virus.
Schools and other education providers must make reasonable adjustments to help a student with a disability. This might include putting information in easy-to-read format, providing sign language interpreters or equipment, and altering teaching methods. They must also make sure that there is suitable transport to and from school for a pupil with a disability, if necessary.
A person is disabled if they have a physical or mental impairment that has a substantial and long-term impact on their ability to do normal daily activities. This includes having a condition that limits walking, performing manual tasks, seeing, hearing, speaking, breathing or learning. It can also cover a history of such an impairment or being believed to have a condition that might qualify as one.
How does disability discrimination affect access to education?
An education provider can’t exclude a disabled student or applicant unless they can show that it is a proportionate means of achieving a legitimate aim, such as ensuring the safety of pupils or staff. In this instance, the school would need to be able to prove that it is reasonable for them to have a ‘three strikes’ policy which suspends pupils for breaking rules three times. It is also unlawful to treat a disabled person in a way that amounts to harassment, which is when a person is harassed because of something connected with their disability. The Act also prohibits the direct and indirect discrimination of a person because of their disability.
Indirect disability harassment at workplace happens when there is a rule, policy or practice that seems to apply equally to everyone but actually puts disabled people at a disadvantage compared with those who aren’t disabled. It could be that a local authority decides not to produce an easy-read version of its information leaflet in order to save money, but it may make it harder for a person with a reading disability to access their services and this would amount to indirect discrimination.
People can complain to the Commission if they think that they have experienced discrimination, and they will investigate the complaint. Complaints can be resolved through conciliation, which is when the Commission will try to get both sides of the story and help those involved resolve their dispute. People can also take legal action in the courts, but this is only after they have been given a letter from the Commission giving them a ‘right to sue’. If you want to find out more about making a complaint, visit the Equality and Human Rights Commission website. The Commission can give you advice and support to help you make a complaint.