Q:

Any thoughts or experience of schools making reasonable adjustments around piercings?

If piercings, currently less than 10, were obtained as a preferable alternative to significant self harm (not ideal I know but recognised by mental health professionals as best solution of a bad bunch currently). But the request to remove the piercings would make the child spiral, and stop attending school (would consider wearing retainers), has anyone got any ideas re case law or ideas for approaches.

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Amanda Durrant
NTC
18 Sep 2024

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A: SenseCheck

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  • 19 Sep 2024
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    Simple

    Too fact specific, I can't generalise.:

    Ms Durrant,

    Obviously we can give specific legal advice, but if a disabled pupil is disadvantaged by a policy (PCP) ie prohibiting the wearing of earings or perhaps piercings, reasonable steps should be taken to avoid this disadvantage.

    I suggest the key points are as follows:

    1. The child in question must have a disability that complies with the definition in s6 the Equality Act 2010.
    2.  There must be a clear link between the effects of the child’s impairments and the disadvantage caused by the school’s policy. This would need to be evidenced, preferably using expert evidence if possible, and should be specific to the pupil rather than general. 
    3. If this link is established, reasonable steps should be considered  that will avoid the said disadvantage. A range of options should be explored.

    I recommend you download a copy of:

     Disability Law in Education

     (which is currently being updated) and review previous questions on the site, as they may help you further develop your thoughts.

    I look forward to reading other responses to this question.

     

    Sean Kennedy

    Sean Kennedy
    Talem Law