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Under the Equality Act, 2010 schools are required to make ‘reasonable adjustments’ so that all children can access their facilities and services.
The duty to make reasonable adjustments requires a school to take positive steps to ensure that disabled pupils can fully participate in the education provided by the school, and that they can enjoy the other benefits, facilities and services which the school provides for pupils.
“They must make reasonable adjustments, including the provision of auxiliary aids and services, to ensure that disabled children and young people are not at a substantial disadvantage compared with their peers. This duty is anticipatory – it requires thought to be given in advance to what disabled children and young people might require and what adjustments might need to be made to prevent that disadvantage.”
Who does it apply to?
The Equality Act 2010 says that someone has a disability if they have:
‘A physical or mental impairment, which has a long-term and substantial adverse effect on their ability to carry out normal day to day activities’.
- Long-term means it’s lasted a year or more.
- Substantial means it’s not minor.
Disabilities include:
- hearing and sight impairments
- long-term physical or mental health conditions such as asthma, epilepsy, anxiety, and depression
- conditions that change, so sometimes symptoms are minor and at other times they’re more severe, such as rheumatoid arthritis, ME and Chronic Fatigue Syndrome
- conditions that affect development, such as autism
- learning disabilities
- brain injuries
Reasonable adjustments aren’t just for children with an Education, Health and Care (EHC) plan. Children and young people with SEND who are getting SEN support should have reasonable adjustments made for them too.
A child does not need to have a diagnosis for reasonable adjustments to be made.
What must be done?
There are three parts to the legal duty to make reasonable adjustments. That means a school or other education provider, (or the local authority) must make adjustments in all three of these areas if needed.
- Provisions, criteria, and practices
This is about the way in which a school operates on a daily basis, including their decisions and actions. For example, the school’s uniform policy would fall within this part. So a school could be expected to make adjustments for pupils with an allergy to synthetic materials who needed to wear cotton clothing.
- Auxiliary aids and services.
This is any additional support or help for a disabled pupil, such as a piece of equipment or support from a member of staff. It would include things such as pen grips, adapted PE equipment, and computer software.
- Physical features.
This is the physical make-up of the buildings. Schools must make their buildings accessible for disabled pupils as part of their overall planning duties.
Schools don’t have to make changes to the physical features of its site or buildings. Instead, the local authority and the school must publish and implement plans to improve the accessibility of schools. These plans must also set out how access to lessons, school activities and information will be improved for disabled pupils.
You could ask to see the Accessibility Plan for your child’s school and what steps have been taken to implement it.
What is anticipatory?
The duty to make reasonable adjustments is anticipatory. This means that schools should give thought in advance to what disabled children and young people might require and what adjustments might be needed to prevent disabled students from being disadvantaged, to make sure they can access and participate in the education and other benefits, facilities and services they provide for their pupils.
What is a reasonable adjustment?
The term ‘reasonable’ is not explicitly defined in the Act. It is not possible to say what would be reasonable in any specific situation, but there are some factors that will be thought about when any major decision is made.
These include:
- the resources of the school
- if the adjustment was made, how much difference would it make to the child
- how practical it is to make the adjustment
- health and safety requirements
- how the adjustment might affect other pupils
- the financial and other costs of making the adjustment
However, many reasonable adjustments cost little or nothing and instead mean a change in practice rather than expensive pieces of equipment or extra staff.
- a child wearing ear defenders
- a slightly different piece of uniform to accommodate sensory sensitivities
- starting and finishing lessons at slightly different times to avoid noise and crowds
- access to a ‘quiet’ area or separate workstation
- support so your child can take part in school trips
- a movement break
Schools must make adjustments if:
- your child is disadvantaged by a practice or rule because of their disability or the failure to provide an aid
and
- it’s reasonable to make the changes or provide the aid to remove the disadvantage
What should you remember?
- The duty is anticipatory – schools need to think ahead
- A child does not need to have a diagnosis for reasonable adjustments to be made
- Reasonable adjustments can take many forms and should be discussed with your child’s school
- It is unlawful for a school to charge a pupil for making a reasonable adjustment in any circumstances, whatever the financial cost to the school and however the school is funded
- They are never allowed to charge you for the reasonable adjustment