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• 10 Nov 2022

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  Yes. The law in the UK includes something called the protected characteristic of disability and that is defined in s6 The Equality Act 2010 (EqA2010). This applies to all disabled adults, children and young persons.

  In Great Britain (England, Scotland, Wales) this definition replaces the definition that was given in s1(1)The Disability Discrimination Act 1995 although in Northern Ireland this definition still applies.

   A child or young person who has impairments that satisfy the definition in EqA2010 is often said to have a “statutory disability”.

  The EqA2010 is a broad piece of legislation and applies well beyond education. Unlike under the Children and Families Act of 2014 (CFA2014) which has a SEN Code of Practice there is no separate “statutory guidance” or code of practice in relation to EqA2010 in schools.

  The DoE published the EqA2010 Guidance (on matters to be taken into account in determining questions relating to the definition of disability)which helps in identifying the protected characteristic of disability in education. In addition the Equality and Human Rights Commission produced the EHCR Technical Guidance for Schools in England, the EHRC Guidance: What equality law means for you as an education provider and other advice which is both informative and authoritative for parents as well as schools. 

  Because of the wide applicability of the EqA2010, cases involving disability can be considered by a wide range of courts. The issue of disability is understandably relevant in employment, which is why the ET and EAT decisions can be relevant to the issue of disability in education and other areas. 

  More: If I want my disabled child to have all the support they need in school, do I just rely on the special educational needs framework?

  Glossary: Disability Discrimination Act 1995, EHRC Technical Guidance for Schools in England, EqA2010, EqA2010 Guidance 

  

  Disability Law in Education No-nonsense Guide
  Authors: Mandy Aulak, Sean Kennedy

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