If someone is treated unfairly because of their disability, or because of something arising from their disability, this may be disability discrimination.

In some cases, a non-disabled child or young person could be discriminated against if a school

  • follows a policy or practice which unfairly disadvantages them in the same way as it disadvantages disabled children and young people or
  • doesn’t treat them as well as other non-disabled children or young people because the school thought they were disabled when they’re not or because of their association with a disabled person.

Please note that SIASS are unable to provide support or have any involvement for any Disability Discrimination claims due to being an impartial service.

Disability Discrimination in Education

All early year’s settings, schools, colleges and local authorities must follow the law. They must make sure they do not discriminate against disabled children or young people.

What schools and settings MUST do

They must:

  • Make reasonable adjustments so disabled pupils are not put at a disadvantage

They must NOT:

  • Treat a disabled child or young person worse than others because of their disability
  • Treat a non‑disabled child badly because:
    • they are connected to a disabled person, or
    • the school wrongly thinks they are disabled
  • Use policies or practices that unfairly disadvantage disabled pupils

What counts as “reasonable” depends on the situation.

If you think discrimination has happened

You or the young person can make a claim. Claims can be made against:

  • early years settings
  • schools
  • colleges
  • local authorities

Where to make a claim

  • Schools and maintained nurseries: SEND Tribunal
  • Private nurseries, FE colleges, or local authorities: County Court

Who can bring a claim?

Not all children with SEN are disabled, and not all disabled children have SEN, but many fit both definitions.

To bring most types of discrimination claims, you must show the child, or young person is disabled under the Equality Act 2010.

A child or young person is disabled if:

They have a physical or mental impairment that has a substantial and long‑term (over 1 year) negative effect on daily activities.

This includes:

  • physical health problems
  • mental health problems
  • conditions like dyslexia or autism

Even pupils whose disability causes challenging behaviour are protected.

Some conditions automatically count as disabilities:

  • blindness or partial sight
  • severe disfigurement
  • cancer
  • HIV
  • multiple sclerosis

You do NOT need to prove disability if:

  • a school policy disadvantages your child in the same way it disadvantages disabled pupils
  • the school treats your child badly because they think they are disabled or because of their association with a disabled person

What can the SEND Tribunal order?

If the Tribunal agrees discrimination happened, it can order the school to take action to fix or prevent it.

The Tribunal CAN order a school to:

  • Train staff
  • Change policies
  • Provide extra tuition
  • Give a written apology
  • Offer trips or activities the child missed
  • Make reasonable adjustments
  • Move lessons or activities to a different location
  • Re‑admit a child if a permanent exclusion was discriminatory

The Tribunal CANNOT order:

  • Money (financial compensation)
  • Building changes
  • Staff dismissal

Types of Disability Discrimination

Schools, early years settings, colleges and local authorities must follow the Equality Act 2010. They must not discriminate against disabled pupils, prospective pupils, or former pupils .

Below are the different types of disability discrimination.

1. Unfavourable treatment arising from disability

This is when a school treats a pupil badly because of something linked to their disability. Examples include:

  • Not allowing an assistance dog
  • Punishing a pupil for medical appointments

This is discrimination unless the school has a good and proportionate reason.

2. Direct discrimination

This is when a pupil is treated worse than a non‑disabled pupil in the same situation because of their disability.

It also includes:

  • Discrimination by association (treated badly because they are linked to a disabled person)
  • Discrimination by perception (treated badly because the school wrongly thinks they are disabled)

3. Indirect discrimination

This is when a school has a policy or rule that puts disabled pupils at a disadvantage compared to non‑disabled pupils. It is unlawful unless the school can show it is necessary and proportionate.

4. Same‑disadvantage indirect discrimination

This is similar to indirect discrimination, but the policy also disadvantages someone who is not disabled in the same way. It is still unlawful unless the school can justify it.

5. Failure to make reasonable adjustments

Schools must make reasonable adjustments so disabled pupils are not put at a substantial disadvantage. This includes adjustments to:

  • Admissions
  • Teaching
  • Access to school facilities
  • Behaviour policies, sanctions and exclusions

What is “reasonable” depends on the situation. The Equality and Human Rights Commission explains this in Chapter 6 of their schools guidance .

6. Harassment

This is when a staff member behaves in a way that makes a pupil feel humiliated, offended or degraded.

7. Victimisation

This is when a pupil is treated badly because they or their parents made a discrimination complaint under the Equality Act 2010.

Helpful lawful links

Equality Act 2010 (UK legislation)

https://www.legislation.gov.uk/ukpga/2010/15/contents (legislation.gov.uk in Bing)

Equality and Human Rights Commission (EHRC) – Schools Guidance

https://www.equalityhumanrights.com/en/publication-download/technical-guidance-schools-england (equalityhumanrights.com in Bing) (Explains reasonable adjustments and discrimination in schools)

EHRC – Disability Discrimination Overview

https://www.equalityhumanrights.com/en/advice-and-guidance/disability-discrimination (equalityhumanrights.com in Bing)

SEND Tribunal (First-tier Tribunal – Special Educational Needs and Disability)

https://www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability (gov.uk in Bing) (Where discrimination claims against schools are heard)

ALLFIE – Accessibility & Inclusion Resources

https://www.allfie.org.uk (Resources on accessibility plans and removing barriers to learning)

Public Sector Equality Duty (PSED)

Some schools (maintained and academies) must also follow the Public Sector Equality Duty. They must consider how to:

  • Remove discrimination
  • Improve equality
  • Build good relationships between pupils

You cannot bring a SEND Tribunal claim for a breach of this duty. Instead, it can be challenged through judicial review in the High Court.

Things to Think About Before Making a Disability Discrimination Claim

1. Where you can make a claim

Not all disability discrimination claims go to the same place.

Claims against schools

You can take these to the SEND Tribunal (Special Educational Needs and Disability).

Claims against private nurseries, FE colleges, or service providers

These cannot go to the SEND Tribunal. They must be taken to the County Court.

Claims about discrimination based on race, sex, religion, etc.

These also go to the County Court, even if the claim is against a school.

Try resolving the issue with the school first

For school‑related disability discrimination, the first step is usually to try to fix the problem directly with the school.

You can:

  • Make a formal complaint using the school’s complaints procedure
  • Explain what discrimination happened
  • Say what you want the school to do to put things right

Often, this solves the issue.

If not, you can:

  • Escalate to the Department for Education or Ofsted
  • Or make a claim to the SEND Tribunal

2. SEND Tribunal deadlines

If you want to make a claim, you must meet the SEND Tribunal deadline.

You do not have to complain to the school first if there isn’t enough time.

3. Is a discrimination claim the best option?

It’s important to think about whether a discrimination claim is the right path.

Discrimination claims look backwards

They focus on what happened in the past, not on future support.

If what you really want is better support, you might consider:

  • Asking the school to improve help
  • Requesting an EHC needs assessment
  • Asking for changes to an existing EHC plan

A claim might also affect your relationship with the school.

There are limits to what the SEND Tribunal can order.

5. Reasons you might still want to make a claim

You may still feel it is important to make a claim, for example:

  • Your child was permanently excluded and you want them re‑admitted
  • You want the school to change its policies
  • You want to prevent future discrimination
  • The claim is against a group of schools or academy trust, so it could have a wider impact

If you decide to make a claim, IPSEA explains the SEND Tribunal process on their website.

How to Make a Disability Discrimination Claim (SEND Tribunal)

The SEND Tribunal can look at disability discrimination by a school under the Equality Act 2010. If your claim is against a different setting (like a private nursery, FE college, or a local authority), you must go to the County Court instead.

This guide explains the steps in simple language.

1. When you must send your claim

You must send your claim to the SEND Tribunal within 6 months of the discrimination happening (or within 6 months of the most recent incident if it happened over time).

If your child was permanently excluded, the Tribunal will usually fast‑track your claim, unless you are waiting for an Independent Review Panel decision.

2. Claim forms you need

There are different forms depending on:

  • whether the claim involves an exclusion
  • whether the claim is made by a parent or a young person

These forms are called 4A, 4B, 26A, and 26B and are on the SEND Tribunal website.

If you are also making a SEN appeal, you can ask for both cases to be heard together – but you must complete separate forms for each.

3. What you must explain in your claim

Your claim form must clearly list and number each issue. You must explain:

  • your child’s disability (if needed for the type of discrimination)
  • what happened
  • when it happened
  • how it is linked to their disability
  • what disadvantage they suffered
  • what you want the Tribunal to order (the remedy)

4. Evidence you need

You should send:

  • professional reports explaining your child’s disability
  • diagnosis letters
  • their EHC plan (if they have one)
  • emails, letters, or statements showing what happened

There are page limits:

  • Core bundle: 100 pages
  • Extra evidence: 200 pages per side

If you need more pages, you must ask using a Request for Change form.

If you cannot get information from the school, you can make:

  • a Subject Access Request (personal data)
  • a Freedom of Information request (non‑personal data)

5. After your claim is registered

You will receive:

  • the hearing date
  • case management instructions
  • an Attendance Form (to list who will attend)
  • a Request for Change Form

6. Witnesses

You can have up to 5 witnesses automatically. They must provide a written statement before the deadline.

If someone will only attend if ordered (for example, a teacher), you can ask for a witness summons using form SEND30. You must explain why their evidence is important.

7. Reasonable adjustments

Tell the Tribunal early if you or your witnesses need adjustments, such as:

  • extra time
  • breaks
  • help understanding legal points
  • an intermediary
  • a face‑to‑face hearing

You can request adjustments on the claim form or the attendance form.

8. Updating the Tribunal

If:

  • you and the school agree on anything, or
  • new issues arise

you must write to the Tribunal. If you do not, the Tribunal may refuse to deal with new issues at the hearing.

9. The bundle

Before the hearing, the school prepares all documents into a bundle. There are strict rules in the 2025 Bundle Practice Direction about what can be included and how it must be organised.

10. The hearing

Your case will be heard by a three‑member panel. The school will likely have a solicitor or barrister. The Tribunal usually sends its decision after the hearing, not on the day.

11. Appealing the decision

You can only appeal if the Tribunal made an error of law. You cannot appeal just because you disagree with the decision.

You may be able to:

  • appeal
  • ask for the decision to be set aside

You should get legal advice, and you may qualify for legal aid.

Helpful links

SEND Tribunal (official government site)

https://www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability (gov.uk in Bing)

Equality Act 2010

https://www.legislation.gov.uk/ukpga/2010/15/contents (legislation.gov.uk in Bing)

Subject Access Request guidance (ICO)

https://ico.org.uk/for-the-public/sar/ (ico.org.uk in Bing)

Freedom of Information guidance (ICO)

https://ico.org.uk/for-the-public/official-information/ (ico.org.uk in Bing)

IPSEA – Disability discrimination

https://www.ipsea.org.uk/disability-discrimination (ipsea.org.uk in Bing)