Can disability discrimination occur in the education sector?

disability discrimination

The education sector is a key part of our society, and it is therefore important that it provides equal opportunities to all pupils. This includes ensuring that disabled people have access to the facilities and services they need, such as being able to take exams in a suitable room, or having the option of studying on line. Unfortunately, it is not always the case that this happens. The Department of Education’s Office for Civil Rights has reported that it received 6,390 disability discrimination complaints in 2022 – the highest number in five years. This is a significant increase, which could be due to many different factors, including a lack of funding and a pandemic.

Discrimination can occur in several ways, but the most common is direct discrimination. For example, a school may have an advert saying that they require all applicants to have a driving licence. This could be direct discrimination against disabled people, as they will find it much more difficult to obtain the licence.

Schools also have a duty to make reasonable adjustments. This is where they have to consider whether there is a practical way of removing or modifying a barrier to a person with a disability and this will be the most reasonable option. A school would have to be unable to achieve the same aim in another way for their action not to be discriminatory.

Can disability discrimination occur in the education sector?

For example, a school that excludes a disabled pupil who flapped their arms at a supply teacher would be unable to do this in other circumstances. They would have to carry out a health and safety assessment and decide that it was proportionate to exclude the pupil to ensure the pupil and other pupils were safe.

It is also unlawful for schools and qualification bodies to discriminate against pupils by treating them less favourably for reasons that are connected with their disability. For example, it is unlawful for a school to refuse to allow a wheelchair user to go on a trip because they believe that they will not be able to take part in activities. It is also unlawful for a qualification body to discriminate against a disabled pupil by refusing them the opportunity to sit an exam because they believe that they will not be

disability claim lawyer can happen in many different ways and can have serious consequences. It is important to know that you can get help and support to claim if this has happened to you. If you have been affected by disability discrimination, contact a disability claim lawyer right away to discuss your options. We can offer a free consultation on your case.