10/04/2017
Part-time timetables and discrimination under the Equality Act
It is not uncommon for schools and local authorities to place children with Education, Health and Care (EHC) Plans on part-time timetables. Sometimes this is done to support a transition period or alternatively, to avoid a child being excluded. The question which must be considered though is whether this type of arrangement is discriminatory?
In F-T v The Governors of Hampton Dene Primary School (SEN) (Disability discrimination in schools: All) [2016] UKUT 468 (AAC) (18 October 2016) the Upper Tier was asked to consider whether a child subject to a part-timetimetable was subject to discriminatory treatment under the Equality Act 2010.
The Facts
The Legal Position
The law is relatively straightforward and can be summarised as follows:
(i) in the way it provides education for the pupil;
(ii) in the way it affords the pupil access to a benefit, facility or service [section 212(4) provides that affording access to a benefit, facility or service includes a reference to facilitating access to the benefit, facility or service];
(iii) by not providing education for the pupil;
(iv) by not affording the pupil access to a benefit, facility or service;
(v) by excluding the pupil from the school [not an issue on this appeal];
(vi) by subjecting the pupil to any other detriment.
- Under section 15(1) of the 2010 Act, another type of disability discrimination occurs where:
What does this mean?
Children and Young People have a right to receive suitable full time education. If for some reason a child or young person cannot access school, then Headteachers must ensure that arrangements are in place to protect their full-time entitlement. This may require them to provide education at home.
If you are a parent or carer and are facing similar difficulties to those raised in this article please contact us on 01908 889 082 or via email to advice@sen4you.co.uk.
