Disability Discrimination And The Duty To Make Reasonable Adjustments

The duty to make reasonable adjustments was first introduced under the Disability Discrimination Act 1995, which was replaced by the Equality Act 2010 from 1 October 2010. The duty now operates slightly differently but its object is essentially the same: to avoid as far as possible by reasonable means, the disadvantage which a disabled pupil suffers because of his or her disability. In this briefing, we look at the duty in more detail, consider the types of adjustments that can be made and also the possible consequences of failing to comply with the duty.

Introduction

Under the Equality Act 2010 (EqA 2010), schools have a duty to take reasonable steps to avoid disadvantage experienced by disabled pupils. Discrimination occurs when a school has not complied with that duty. The EqA 2010 applies to all maintained and independent schools, including academies, and maintained and non-maintained special schools.