My child is being turned down by all the independent schools we are applying to based on his recently diagnosed dyslexia - does this contravene the disability act?
My child recently had neurodiversity screeners by a charity. They provide reports but not diagnosis and suggested his had strong signs of dyslexia and possibly ADHD. He is year 6 and due to go to year 7 in a few months time. We have applied to 3 non academically selective independent schools and they have all turned our application down. The first which is supposed to have good provision for dyslexia, turned him down on the basis of the report saying they couldn't support his type of adhd. They hadn't even met him, he doesn't have a diagnosis for ADHD and certainly there was no mention of a type. We are wondering now whether he actually has adhd or whether we were just going through a tricky developmental stage at the point of the screener. I've tried to get an ADHD private diagnosis since to rule it in or out but no providers have come back to me. I'm not happy for him to be turned down over something that is not diagnosed. We have managed to get a private dylexia diagnosis since. It confirmed his dyslexia. He scored significantly low for literacy but average in other areas and particularly high in others (98th percentile in one particular test). The conclusion was he can still be successful academically (particularly in STEM) provided his dyslexia is supported. Since then our last 2 independent school options have said they cannot support his dysexia requirements. I am told he does not qualify for an EHCP and as far as i can see the dyslexia recommendations are standard. 25% more time, pre-teaching, some small group dyslexia support and speech to text tech. All of which is supposed to be available at the last school in particular that has a specialist learning facility. Are they discriminating or can they just get away with saying they can't support him and he won't be able to keep up with his cohort?
A: SenseCheck
- 1 Yes
- 0 No
- 1 Other
- 26 Jun 2025
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Yes
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Complex
Can you clarify where you are in the county?
You might want to have a look at https://crested.org.uk/parents-find-a-school.html who would not be put off by this sort of presentation.
I take absolutely no issue with Seans comments save that if you are having to take a school to a Tribunal on disability grounds it is unlikely to be a fruitful relationship!
EQA claims are historic in nature and do not look forward.
Given your position I think you need to look forward and get him in a school that can meet needs.
- 20 Jun 2025
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Other
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Other
Can't answer yes or no.:
The answer really is a yes - but. The following tries to explain why.
This appears to be a very challenging situation, and you are quite right to consider what has occurred in light of the obligations placed upon schools—in this case independent schools—under the Equality Act 2010. That said, issues relating to disability are often highly fact-specific, and we are regrettably unable to offer legal advice. Note I have not addressed the issue of whether your sons needs and EHCp, but maybe this is an issue that needs further consideration.
However, you may find it helpful to consult The No-Nonsense Guide to Disability Law in Education. Although it is currently due for revision, it remains a useful and accessible starting point. This can be found here:
In addition, I have considered your query has been reviewed with reference to the Equality and Human Rights Commission’s Technical Guidance for Schools in England, which outlines schools’ responsibilities under the Equality Act. You can access the full guidance here:
https://www.equalityhumanrights.com/equality/equality-act-2010/technical-guidance-schools-england
1. Could your child be “disabled” under the Act?
The Equality Act defines disability as “a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities” (p. 85, para 5.40). Dyslexia will normally meet that definition if it substantially affects literacy over the long term. In light of your child’s diagnostic report showing significant literacy difficulties, it seems likely he would qualify as “disabled” under the Act.
2. Possible direct discrimination
It is unlawful to treat an applicant less favourably because of a protected characteristic such as disability (which includes dyslexia) (p. 28, para 2.16; p. 56, para 5.1). Refusal to admit your son on the basis of an assumed “type of ADHD” – when no such diagnosis exists and without having met him – may amount to direct discrimination (or discrimination by perception) if the decision was influenced by those assumptions (p. 61, para 5.22).
3. Discrimination arising from disability
Even without deliberate bias, refusing admission because of difficulties arising from dyslexia (for example, an assumption that he could not cope without 25 % extra time or pre-teaching) could be “discrimination arising from disability” unless a school can justify that refusal as a proportionate means of achieving a legitimate aim (p. 71, para 5.34). Given your son’s strong overall performance (including very high scores in some tests), it may be hard for a school to justify excluding him on purely academic grounds.
4. Duty to make reasonable adjustments
All schools must anticipate and make reasonable adjustments for likely disabled applicants (p. 91, para 6.1; p. 93, para 6.6). The adjustments your child requires (extra time, small-group support, speech-to-text) are well established for pupils with dyslexia. If a school genuinely has those resources but declines to admit him on the basis that it “cannot support” standard dyslexia measures, that could amount to a failure to make reasonable adjustments (p. 94, para 6.8).
5. Potential indirect discrimination
If a school applies a broad policy (for instance, “we do not admit pupils needing significant literacy support”) that disproportionately affects children with dyslexia, that may be indirect discrimination unless the school can show the policy is a justified way of achieving a legitimate aim (p. 65, para 5.18).
6. What you might do next
Discrimination in independent school admissions is typically pursued before the First-tier Tribunal (Special Educational Needs and Disability) (p. 130, paras 8.46–8.48). You may wish to:
- Request a formal review of the admissions decisions from the schools , citing potential breaches of the Equality Act.
- Obtain the schools’ published admissions and SEN policies to check whether their actions align with those documents.
- Contact a charity such as IPSEA or SOS!SEN to see if they can give more guidance. Discrimination in independent school admissions is usually pursued before the First-tier Tribunal (Special Educational Needs and Disability) (p. 130, paras 8.46–8.48).
This is intended as guidance only, not as legal advice, but it may help you decide on possible steps to challenge the decisions if you believe they breach the Equality Act 2010. I of course look forward to reading any additional contributions.
Sean Kennedy.
20 Jun 2025
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3 Comments