Rulebook · Decision or problem
We think a school has discriminated against a disabled child or young person
A claim that a school has discriminated against a disabled pupil can be made to the same Tribunal. It must normally reach the Tribunal within the 6 months starting with the day it happened. No mediation certificate is needed. The Tribunal can order the school to take steps, such as training or changing a policy, but cannot award money. The school's complaints process is also open.
Schools must make reasonable adjustments for disabled pupils, including providing auxiliary aids and services. A pupil does not need an EHC plan to be protected. The question is whether they are disabled under the Equality Act. Claims about a council's own services, rather than a school, go to the county court instead. Where there is an admission appeal process, a claim that refusing a school place was disability discrimination is made through it, not to the Tribunal.
Claim to the SEND Tribunal: yes, a disability discrimination claim (Equality Act 2010, Sch 17 para 3).
Ways to take this further
Listed in the order the rules give them. The order is not a ranking.
- Disability discrimination claim against a school
- Complaint to the school or college
- Complaint to the Secretary of State for Education
- School admission appeal to an independent appeal panel
- Type of rule
- Law (Act or Regulations)This is the law, set by an Act of Parliament or by Regulations.
- Rule id
issue.school_discrimination- Rules version
- england-2026.10
- Law as at
- 30 September 2026
Sources
- Equality Act 2010, s 85Law (Act or Regulations)
- Equality Act 2010, Sch 17 para 3Law (Act or Regulations)
- Equality Act 2010, Sch 17 para 4Law (Act or Regulations)
- Equality Act 2010, Sch 17 para 5Law (Act or Regulations)
- Equality Act 2010, s 20Law (Act or Regulations)
- Equality Act 2010, s 6Law (Act or Regulations)
- Equality Act 2010, s 114Law (Act or Regulations)
- Equality Act 2010, Sch 17 para 13Law (Act or Regulations)
Related
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