Under the Equality Act 2010 places of learning are required to make ‘reasonable adjustments’ for children and young people that have disabilities.
If a child or young person has an EHCP some reasonable adjustments might be written into their plan but even if they aren’t the place of learning still has a duty to make them.
The duty to make a reasonable adjustment means that a place of learning must take steps that are reasonable to avoid any substantial disadvantage faced by disabled children and young people.
A place of learnings duty to make reasonable adjustments is anticipatory and therefore the place of learning needs to think in advance about what disabled children and young people might need and make them.
Under the Equality Act 2010 places of learning must provide Auxiliary Aids and/or Services.
Some examples of this might be producing documents in braille, providing coloured overlays, adapting PE equipment, providing a child or young person with medication related to their disability such as insulin or adapting ICT equipment.
Reasonable Adjustments also relate to practices and policies within the place of learning, for example a pupil that has sensory needs can have adjustments made to their uniform that may not fall under the uniform policy.
A place of learning cannot pass the cost of any reasonable adjustments onto the parent/carer or young person. The cost of reasonable adjustments must come from the place of learnings central budget and in some cases, they can seek additional support from the Local Authority.
If the place of learning has considered all the ways adjustments could be reasonably made but there is genuinely no steps that could be taken to make this adjustment they are unlikely to be in breach of this duty.
If this is the case the place of learning should set out it’s reasons as to why it’s made this decision and give it to the parent/carer or young person.
If a parent/carer or young person is unhappy with the place of learning for not making a reasonable adjustment, they have the right to make a complaint to the place of learning and if they choose to they can lodge a Disability Discrimination Claim through the First Tier Tribunal.