Q:

07.02 Do all disabilities within the Equality Act 2010 constitute special educational needs?

Noddy 'no-nonsense' Guide

Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
14 Feb 2022

Answer Now

A: SenseCheck

  • 0 Yes
  • 1 No
  • 0 Other

Sort

  • 14 Feb 2022
  • No

    Complex

    No. Not every disability (as defined by Equality Act 2010 s6) falls within section CFA2014 s20(2)(b). A disability which falls within CFA2014 s20(2)(b) must be such as to prevent or hinder the child or young person from making use of facilities, which are likely to be physical features rather than the way in which the school provides education for the pupil (which might not be the case if the child/young person only had, say, a physical impairment): Hertfordshire v MC & KC [2016] UKUT 385 (AAC) #14

    Noddy 'no-nonsense' Guide

    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister