The Equality Act protects those with a disability from being treated less favourably by schools and that includes maintained schools, academies, free schools and independent schools. It is important to bear in mind that discrimination does not need to be deliberate or wilful and can occur in the following circumstances:
- A child being placed on a part time timetable
- A child with a disability being excluded from school without reasonable adjustments being made to meet their needs;
- A child being prevented from attending a school trip because of their disability and being treated less favourably than other children; and
- A child being denied admission to school because the school perceives that it cannot cater for their disability.
It is not sufficient for schools to say that they were not aware that a child had a disability, they need to take positive steps to support and identify children who are presenting with long term difficulties, which may fall within the definition of a disability.