Disability
Disability Discrimination Act 1995
The Disability Discrimination Act (DDA) covers unlawful discrimination linked to a person’s disability. The DDA defines a disabled person as ‘someone who has a physical or mental impairment which a substantial, long-term and harmful effect on their ability to carry out normal day-to-day activities.’
Schools must not discriminate against disabled pupils in their admissions arrangements, in the education and associated services they provide, or in relation to exclusions from school.
Schools must not treat a disabled pupil or prospective pupil less favourably than another for a reason related to their disability without justification. Schools must also take reasonable steps to avoid placing disabled pupils at a substantial disadvantage. This duty is often known as ‘reasonable adjustments’.
The reasonable adjustments duty requires schools to think ahead, anticipate the barriers that disabled pupils might face and remove or minimise them before a disabled pupil is placed at a substantial disadvantage.
Parents can make claims of disability discrimination to the Special Educational Needs and Disability Tribunal (SENDIST), in relation to admissions, exclusions or education and services linked to education.
Claims in relation to permanent exclusion, where discrimination is alleged to have taken place, or the disabled pupil has allegedly been placed at a substantial disadvantage by the exclusion procedures, will be heard by the Independent Appeal Panel. Claims alleging discrimination in respect of fixed period exclusions will be heard by SENDIST.
SENDIST Contact Details:
Special Educational needs and Disability Tribunal
Mowden Hall
Staindrop Road
Darlington
DL3 9BG
SEN Helpline: 0870 241 2555
Disability Helpline: 0870 606 5750
SENDIST website http://www.sendist.gov.uk
Equality and Human Rights Commission website http://www.drc-gb.org
Children with medical needs
All schools should have a clear and understandable policy that will ensure children with medical needs receive the right care and support at school.
It is important for the school to have sufficient information about the medical condition of any pupil with long term medical needs. It is often helpful for the school to draw up a written health care plan for such pupils, involving the parents and relevant health professionals.
It is good practice to allow pupils who can be trusted to do so to manage their own medication from a relatively early age and schools should encourage this.
Teachers and staff in schools are under no obligation to administer medication. Staff that undertake this role, do so voluntarily and require sufficient training, information and instruction from their head teacher and the child’s parent or guardian. Training and advice can also be sought from the Primary Care Trust.
The school’s governing body should decide whether or not they will implement a policy that will allow staff to administer medication to children in the school. In developing a policy, the governing body should take account of the views of the head, staff and parents of children with medical needs.