03.01 Can I use the Equality Act 2010 as a substitute for failing to secure a needs assessment for my child?
- 0 Yes
- 1 No
- 0 Other
- 10 Nov 2022
No. If a child has SEN but no EHCP, parents should challenge any refusal to carry out a needs assessment etc if they genuinely think that their child may need more SEP. What they should not do is look to the EqA2010 to provide SEP, as the EqA2010 does not address SEP and looks at something different as described below.
The SEN framework addresses difficulties a child has with learning and provision is provided to help them in this regard. The disability framework addresses how a school is organised and how a disabled pupil would be disadvantaged because of their impairments.
Example: To illustrate, in Does the Equality Act 2010 afford a disabled child or young person any protection in education? we gave an example of a visually impaired pupil who was given auxiliary aids to avoid the disadvantage he was subject to because of the way lessons were delivered in the school, i.e lessons were organised by including oral teaching for which the pupil had to take notes. The auxiliary aid is linked to his visual impairment and does not relate to the SEN framework. The child in question could have an IQ of 190 so he doesn’t have a problem learning, but if reasonable adjustments were not made, he would not be able to engage because of the way lessons are organised and delivered in the school.
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