Website of the UK government

The Disability Discrimination Act 1995

This legislation banned most providers of goods, services and facilities from treating disabled people less favourably because of their disability, unless they could show that this treatment was justified.

Originally the ban did not apply to most education providers, but the Special Educational Needs and Disability Act 2001 (SENDA) extended it to:

SENDA also means that these bodies must make reasonable adjustments, to ensure that disabled people in education do not suffer a substantial disadvantage in comparison to people who are not disabled. For most types of education provider, making 'reasonable adjustments' can include

For schools, however, the duty under SENDA to make ‘reasonable adjustments’ does not extend to providing extra support or changing physical features. This is because extra support is already available for school pupils with statements of Special Educational Need (SEN), and schools are expected to make longer term plans for improving access to their buildings.

• The Disability Discrimination Act (DDA)

The Disability Discrimination Act 2005

This Act introduced new duties for most public bodies to:

• promote disability equality
• take steps to eliminate discrimination and harassment
• publish a Disability Equality Scheme, setting out how they plan to do so

The aim is to influence the way public bodies – including education providers - make decisions and develop their policies, encouraging them to consider the needs of disabled people as part of their everyday activities.

• The Disability Discrimination Act (DDA)

Special Educational Needs (SEN) legislation

The Education Act 1996 provided for the publication of a Special Educational Needs (SEN) Code of Practice. This code of practice gives education providers practical guidance on how to identify and assess children with special educational needs. All publicly-funded pre- schools and nurseries, state schools and LEAs must take account of this code. Health and social services must also take account of the code when helping LEAs.

To accompany the code of practice, the Department for Education and Skills produced a booklet, 'Special educational needs - a guide for parents and carers'. You can download a copy from the Teachernet website.

• Special Educational Needs Code of Practice (opens new window)
• Special Educational Needs - A Guide for Parents and Carers (opens new window)

Special Educational Needs: pre-school and school

Ask to see a school's policy on SEN so you know what support they can offer.

If the needs of your child are not met by the informal arrangements put in place by your child's early education provider or school, you, or a professional who has been involved in your child's education, can request a 'statutory assessment' of their needs.

• Special educational needs in under fives (parents section)
• Special educational needs in school age children (parents section)

Special Educational Needs: further education

The Learning and Skills Council and LEAs are responsible for meeting the cost of full-time education for people up to the age of 19. If the Learning Skills Council decide that your needs can only be met by going to a specialist residential college, they have a duty to fund your place there.

If you have a statement of SEN, your LEA must work with social services as part of your 'Transition Plan' when you approach leaving school.

• Disability support at college

Special Educational Needs: higher education

Going to university or college may mean that the sources of support you are used to at home will no longer be available. However, social services should provide you with the support you need and you have the right to ask your local social services department for an assessment of your daily living needs, including any personal care or help you may require.

All higher education institutions should publish a Disability Statement setting out how they provide support. You can ask to see a copy of this statement.

• Disability support in higher education

Help and advice from the Equality and Human Rights Commission

The Equality and Human Rights Commission is a good source of advice if you feel you may have been discriminated against in education or elsewhere. The commission's helpline provides advice and information about the disability discrimination legislation to disabled people, their friends and families, employers, service providers, schools and colleges.

Telephone: 08457 622 633

Textphone: 08457 622 644

Fax: 08457 778 878

Lines are open Monday, Tuesday, Thursday and Friday 9am-5pm; Wednesday 8am-8pm.

• Equality and Human Rights Commission website (opens new window)