WIRRAL PARENT PARTNERSHIP

Disability Discrimination

Part 2 of the SEN and Disability Act 2001 amends the Disability Discrimination Act 1995 (DDA) to strengthen the rights of disabled pupils to a mainstream education. This part of the Act came into force in September 2002.

It affects:

• LAs
• Schools (including independent and non-maintained special schools)
• Early years settings
• Youth services
• Further and higher education

Three tests for less favourable treatment: · For a reason related to the child's disability · Less favourable treatment compared with a child to whom that reason does not apply · Cannot be justified Justification for less favourable treatment: · May be justified for a substantial and material reason · "permitted forms of selection" · may not be justified if a reasonable adjustment could have been made, but wasn't Reasonable adjustments: · to ensure no substantial disadvantage · comparison: pupils who are not disabled · justification

There is a duty on schools to make "reasonable adjustments"; for disabled pupils. The LA must: Have a written accessibility strategy to ensure that schools for which they are responsible: · Increase the extent to which disabled pupils take part in the curriculum; · Improve the physical environment to increase disabled pupils'; participation; · Improve the delivery of information to disabled pupils. Adequate resources must be allocated for this work.

Governing bodies of all schools (including independent schools) must: Write an accessibility plan to show how they intend to: · Increase the extent to which disabled pupils take part in the curriculum; · Improve the physical environment to increase disabled pupil's participation; · Improve the delivery of information to disabled pupils.

Adequate resources must be allocated for carrying out the plan.

The Governors'; Annual Report must: Include information on: · Arrangements for admission of disabled persons as pupils; · Steps taken to prevent disabled pupils from being treated less favourably than other pupils; · Facilities provided to assist access to the school by disabled pupils; · Details of the accessibility plan.

Confidentiality If parents (or a pupil) ask a school to keep confidential the fact that the pupil has a disability, or the nature of that disability, the school should comply with that request. Parents and pupils should note that keeping confidentiality may limit the school's ability to make "reasonable adjustments".

Appeals From 1st September 2002 the SEN Tribunal became the SEN and Disability Tribunal (SENDIST) and will hear claims of unlawful discrimination other than claims about school admission and permanent exclusion. They will be heard by Local Appeals Panels.

The Disability Rights Commission is an independent body established by Act of Parliament to eliminate the discrimination faced by disabled people and to promote equality of opportunity. If you are uncertain about the schools' duties, if you want to discuss conciliation or if you want further information or advice, contact:

DRC Helpline
Freepost MID 02164
Stratford-upon-Avon
CV37 9BR

Tel: 08457 622633 / Fax: 08457 778878 / Textphone: 08457 622644

E-mail: enquiry@drc-gb.org

Web: www.drc-gb.org