Q:
07.02 Do all disabilities within the Equality Act 2010 constitute special educational needs?
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 14 Feb 2022
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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.
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