If you or your young person feel you are experiencing disability discrimination, you can bring a case to the Special Educational Needs and Disabilities (SEND) tribunal.
To make an appeal you will need to demonstrate that the child or young person is classed as being disabled.
A definition of disabled can be found here in the Equality Act 2010
Who you can complain to the tribunal about
You can complain to the tribunal service about the following;
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a school, nursery or pupil referral unit maintained by a local authority
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an independent school
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a free school, including an academy
You cannot complain to the tribunal about:
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a private nursery, unless it’s part of a school
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a further education college
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an organisation using a school’s premises
What reasonable adjustments should the school/college make and what are the types of disability discrimination
An education provider has a duty to make ‘reasonable adjustments’ to make sure disabled students are not discriminated against and avoid putting disabled pupils at a disadvantage. These steps may have to be taken in advance of the pupil attending the school.
Discrimination is when a school has not complied with its duty to take positive steps to ensure that a disabled pupil can fully participate in the education and other services that the school provides. These changes could include providing extra support (like specialist teachers or equipment) for example specialised computer equipment, adapted desks or speech and language therapy.
Matters such as cost, health and safety requirements, and the need to maintain standards, are some factors that may be taken into account when considering whether a particular step is reasonable but schools are not subject to the reasonable adjustment duty to make alterations to physical features, like adding ramps. They must make the buildings accessible for their disabled pupils as part of their overall planning duties.
It’s against the law for a school or other education provider to treat disabled students unfavourably.
This includes;
Direct discrimination
This is when a school treats a pupil unfairly compared to the way it treats other pupils because of a disability. For example refusing admission to a student or excluding them because of disability.
Indirect discrimination
This is when a school puts in place a general requirement such as a policy or rule which puts disabled pupils at a disadvantage compared with others. For example only providing application forms in one format that may not be accessible.
Discrimination arising from a disability
Failure to provide a reasonable adjustment for a disabled child for example a disabled pupil is prevented from going outside at break time because it takes too long to get there.
Harassment
This happens when a school engages in unwanted conduct related to a disability which has the purpose or effect of violating a pupil’s dignity or creating an intimidating, humiliating or offensive environment for the pupil, for example a teacher shouts at a disabled student for not paying attention when the student’s disability stops them from easily concentrating.
Victimisation
This is when a school does something which disadvantages a pupil because either the pupil or the pupil’s parents takes or is thought to be about to take action under disability discrimination law, for example suspending a disabled student because they’ve complained about harassment.
What do I do if I feel my child is being discriminated against
Firstly, follow the school’s complaints process if you think the school/college has discriminated against your child or young person because of their disability, as there are disability rights that must be followed.
If this does not solve the problem, or you do not want to complain to the school first, you may be able to complain to the Special Educational Needs and Disability (SEND) tribunal.
All publicly funded pre-schools, nurseries, state schools and local authorities must try to identify and help assess children with Special educational needs and disabilities
If a child has an education, health and care (EHC)plan these must be reviewed annually. From year 9 the child will get a full review to understand what support they will need to prepare them for adulthood.
If you are in higher education (HE) all universities and higher education colleges should have a person in charge of disability issues that you can talk to about the support, they offer.
You can also ask local social services for an assessment. Apply for a needs assessment by social services to help with your day-to-day living needs.
The SEND Tribunal has produced guidance on bringing a claim of disability discrimination against a school: Complain about a school
Who can complain to the SEND tribunal
You can complain to the tribunal if you’re:
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someone with parental responsibility for a young person, or their foster parent or carer
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a young person over school leaving age but under 18.
How to complain to the SEND tribunal
It’s free to make a complaint to the SEND tribunal.
To make a complaint against disability discrimination, you will need to complete a claims form. This must be received by the SEND tribunal within six months of the alleged discrimination taking place. If you send your complaint more than 6 months later, you’ll be asked to explain why.
Your complaint can include events which happened more than 6 months ago, as long as these directly relate to events that have taken place in the last 6 months. The tribunal must be able to treat events as a single complaint about one ongoing issue.
For example, if your child was permanently excluded from school after a series of fixed-term exclusions which you believe were all because of the child’s disability, the tribunal could treat them as a single complaint.
Download and complete the relevant form:
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If you’re a parent making a complaint on behalf of a child you will need to complete a SENDA 4A form
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If you’re a young person above school leaving age making a complaint for yourself by completing a SEND4B form
You can include details of up to 5 witnesses who you’d like to bring to the hearing on your form.
When you have completed the claim form and signed it (this can be an ink signature or typed), please make sure you keep your own copy (do not send any original documents as you will not get them back), and then send it and all other relevant documents to:
HM Courts & Tribunals Service
Special Educational Needs and Disability Tribunal
1st Floor
Darlington Magistrates Court
Parkgate
Darlington
DL1 1RU
If you have any queries or if you need to speak to the tribunal
Call:01325 289350
Email:send@hmcts.gsi.gov.uk
You can contact the tribunal service if you have any questions about completing the form, but they cannot give you legal advice.
Where can I get help and advice
Check if you can get legal aid
You can also get free help and advice from:
Or get in touch with us for further support or advice.
What happens after you make your complaint
Once the tribunal has registered your complaint, it will ask you and the school you’re complaining about if you agree to the complaint being decided without a hearing.
If you both agree, the tribunal will make a decision about your complaint.
If you do not agree, the tribunal will send you a letter telling you if they’ll hold a hearing, and when and where it’ll take place. You may be able to attend the hearing by video link. If you do need to attend in person, the hearing will be close to your home.
You can complain to the Department for Education (DfE) about a school if the SEND tribunal will not handle your case.
Can I change or withdraw my complaint before the hearing
To change your complaint, for example to ask for a different hearing date or add more witnesses you will need to download and complete a SEND7 form
To withdraw your complaint you will need to download and complete a SEND8 form
What happens at the hearing and who will be there
The hearing will usually be attended by:
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up to 3 tribunal members
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a clerk
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someone representing the school or local authority you’re complaining about
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witnesses
You do not have to go to the hearing, but if you do you can ask questions and present the case yourself. If you’re complaining as a young person, your parents can come to the hearing.
Fill in the attendance form SEND11 if you want to bring:
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someone to represent you
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someone to support you
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witnesses
You can ask to have an interpreter to translate what happens but they cannot represent at the hearing you or give you legal advice.
Will I have to answer any questions at the hearing
You might be asked questions by:
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your legal representative (if you have one)
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the local authority’s representative
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the tribunal
What happens after the hearing takes place- The tribunal decision
You’ll usually get a letter with the tribunal’s decision within 10 working days of the hearing.
If your complaint is successful the school or local authority must act on the tribunal’s decision within a set amount of time.
You can complain to the Local Government Ombudsman if a local authority does not keep to the decision
Local Government Ombudsman
PO Box 4771
Coventry
CV4 0EH
Telephone: 0300 061 0614
If your complaint is not successful, the letter giving the tribunal’s decision will tell you how to apply to:
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get the decision ‘set aside’ (cancelled) if you think there’s been a mistake in the process
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ask the tribunal to ‘review’ the decision, for example if your circumstances have changed since you got the decision, or the decision contains a mistake
You can also ask for permission to appeal to the Upper Tribunal (Administrative Appeals) Chamber if you think the SEND tribunal has made a mistake and acted against the law.
You must ask for permission to appeal within 28 days of the date on the tribunal’s decision letter.
You might be able to claim travel expenses for going to the hearing by completing a SEND15 form
Your witnesses might also be able to claim expenses (SEND16a form) for travel and loss of earnings and if you bring a friend or relative to the hearing, you might also be able to claim for their travel costs
Procedure for disability discrimination claims (IPSEA)
You can contact the tribunal service if you have any questions about completing the form, but they cannot give you legal advice:
HM Courts & Tribunals Service
Special Educational Needs and Disability Tribunal
1st Floor
Darlington Magistrates Court
Parkgate
Darlington
DL1 1RU
If you have any queries or if you need to speak to the tribunal
Call: 01325 289350
Email:send@hmcts.gsi.gov.uk
Disclaimer
Whilst we hope that you find these resources helpful, the information in this section is not endorsed by Leicestershire SENDIASS and we're not responsible for the content of sites or services offered by third parties.