The SEN & Disability Act 2001 brings school and other educational facilities under the provisions of the Disability Discrimination Act.

Since September 2002, it is be unlawful to discriminate against a disabled pupil.

Discrimination is here defined as: treating a person less favourably for a reason relating to his disability, where this treatment would not apply to others and this treatment cannot be justified.

For the purposes of this legislation, a disabled person is defined as: someone who has a physical or mental impairment, which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.

Because of this definition, children with special educational needs are not necessarily defined as “disabled”.

Discrimination will be unlawful in relation to:

• education and associated services provided to pupils;

• the arrangements for determining admissions to schools;
• exclusion – temporary or permanent – from school.

There is no requirement for a school to make any physical alterations to premises or to provide auxiliary aids.

LEAs must prepare accessibility strategies, aimed at increasing the extent of participation in schools’ curriculums and improving the physical environment of schools.

Complaints of disability discrimination will generally be heard by the new Special Educational Needs and Disability Tribunal (SENDIST) although cases concerning admissions and permanent exclusions will be heard by Independent Appeals Panels.

The SENDIST, if it finds discrimination, can order any remedy it thinks appropriate but cannot award any financial compensation.