04.01 Does a school or post-16 provision have to make “reasonable adjustments” under the Equality Act 2010 for a child/young person if they have ...
04.01 Does a school or post-16 provision have to make “reasonable adjustments” under the Equality Act 2010 for a child/young person if they have not been told they are disabled?
- 1 Yes
- 0 No
- 0 Other
- 10 Nov 2022
Yes. Because the duty to make reasonable adjustments is a duty to disabled pupils or students at large, it applies regardless of whether it currently has any disabled pupils/students or whether they knew that a particular pupil/student is disabled.
Usually, schools/post 16 provisions will be aware of a child who has both SEN and a disability due to a number of reasons such as the arrangements for the assessment of, and the provision of, special educational needs through the SEN framework or because parents often volunteer information about their child’s/young person’s disability.
In some situations, however, it may not be immediately obvious that a child/young person is disabled but certain factors may point to an underlying disability which has not yet been identified, such as unexplained behaviour or not performing to the expected standard. The duty to make reasonable adjustments is not qualified simply because a school/post 16 provision has not been told a pupil/student is disabled.
Once a school/post 16 provision has become aware of the requirements of a particular disabled pupil/student, it might then be reasonable for it to take a particular step (or steps) to meet these requirements. This is especially so where a disabled pupil/student, or their parent, has pointed out the difficulty that they face or has suggested a reasonable solution to that difficulty: s20 EqA2010.