Understanding Disability Discrimination

If you or your child feel you are experiencing disability discrimination, you can bring a case to the Special Educational Needs and Disabilities (SEND) tribunal. To appeal, you need to demonstrate that the child or young person is classified as disabled under the Equality Act 2010.

Who You Can Complain About

You can complain to the tribunal about:

• Schools, nurseries, or pupil referral units maintained by a local authority.

• Independent schools.

• Free schools, including academies.

You cannot complain about:

• Private nurseries (unless part of a school).

• Further education colleges.

• Organisations using a school’s premises.

• There are different processes for the organisations above please contact us for further information

Reasonable Adjustments and Types of Discrimination

Educational providers must make ‘reasonable adjustments’ to ensure disabled students are not discriminated against. This might include providing extra support, specialized equipment, or adapted materials. Factors like cost, health, safety, and maintaining standards may influence what adjustments are deemed reasonable.

Types of discrimination include:

• Direct Discrimination: Treating a pupil unfairly due to their disability (e.g., refusing admission).

• Indirect Discrimination: Policies that disadvantage disabled pupils (e.g., inaccessible application forms).

• Discrimination Arising from Disability: Failure to make reasonable adjustments (e.g., preventing a disabled pupil from participating in activities).

• Harassment: Unwanted conduct related to disability creating a hostile environment.

• Victimization: Disadvantaging a pupil because they or their parents took action under disability discrimination law.

Steps to Take if you feel Your Child has been Discriminated Against

1. Follow the School’s Complaints Process: Start by following the school’s complaints process.

2. Contact the SEND Tribunal: If unresolved, or if you prefer not to complain to the school first, you can bring the case to the SEND tribunal.

 Making a Complaint to the SEND Tribunal

• Eligibility: Parents or young people over school leaving age but under 18 can complain.

• No Fees: It is free to make a complaint.

• Claims Form: Complete and submit the relevant claims form within six months of the alleged discrimination.

Forms to download:

• For parents: [SENDA 4A Form](#)

• For young people: [SEND4B Form](#)

Send the completed form to:

HM Courts & Tribunals Service 

Special Educational Needs and Disability Tribunal 

1st Floor 

Darlington Magistrates Court 

Parkgate 

Darlington 

DL1 1RU 

After Making a Complaint

The tribunal will ask if you and the school agree to decide the complaint without a hearing. If not, a hearing will be scheduled. You can attend in person or via video link. The hearing will involve tribunal members, a clerk, the school's representative, and witnesses.

Tribunal Decision

You will receive a decision within 10 working days of the hearing. If successful, the school must act on the decision within a set timeframe. If not, you can:

- Complain to the Local Government Ombudsman.

- Request the decision be set aside or reviewed if there’s a process mistake or changed circumstances.

- Apply for permission to appeal to the Upper Tribunal if you believe the tribunal acted against the law.