Schools

Schools are subject to the DDA, and it may also be worth getting a child who stammers on the special educational needs register (in England) if possible. This page focuses on England, but the DDA aspects also apply in Scotland and Wales. CD Rom guides for primary and secondary staff, and for GCSE orals, in both England and Scotland are available from the BSA: Education page.

DDA in schools
Special educational needs (SEN)
More on schools
Links

DDA in schools

The DDA applies to schools in England, Wales and Scotland. There are rules against treating a pupil less favourably for a reason related to the stammer, or harrassing them, and also a duty to make reasonable adjustments. The school may have a defence if it shows its behaviour is 'justified'. More detail on DDA in schools...

The school's duty to make reasonable adjustments can include negotiating special arrangements for disabled pupils who are taking public exams such as GCSEs and A-levels. Note that examining boards will themselves come within the DDA from September 2007, though even now they are often willing to allow special arrangements related to disabilities. More on exam boards...

Special educational needs (SEN)

The separate 'special educational needs' (SEN) framework can also help children who stammer. It may well be worth getting a child who stammers on the special educational needs register, even though he or she is not statemented. This can ensure that specific measures are taken and monitored to deal with the stammer. See special educational needs page.

More on schools

Bullying

The Department for Education and Skills directs all schools to have a formal policy on bullying. Steps should be taken to invoke this if there is any concern that a child is being bullied. The DfES have a Don't Suffer in Silence website (www.dfee.gov.uk/bullying) and an a-z page on bullying (link to teachernet.gov.uk). Also well worth looking at are www.kidscape.org.uk and www.bullying.co.uk, which have many more links.

Schools now have DDA obligations to take reasonable steps against bullying related to disability. The Code of Practice for Schools on the new DDA rules gives a couple of examples of what schools should be doing.

The British Stammering Association has produced a bullying pack (link to BSA website), aimed at helping teachers in primary schools who have a child in their class who stammers.

Education authorities being sued for negligence

There have been cases of education authorities being sued for damages in negligence for not meeting the needs of children with, say, dyslexia. I understand there may also be cases underway on stammering. A House of Lords case on dyslexia is Phelps v Hillingdon Council.

Human Rights Act 1998

The European Convention, having effect in the UK through the Human Rights Act, may well give rights in relation to education and stammering. See this page on the Human Rights Act in the field of education.

Talking to people

This page deals with a lot of legal and formal stuff on possible discrimination in schools. It is very important to bear in mind though that just it may well be possible to solve a problem just by talking to the relevant people.

Annual reports must include disability information

The yearly Governors' report for each LEA maintained school has to contain information as to:

the arrangements for admission of disabled pupils;
the steps taken to prevent disabled people being treated less favourably than than other pupils;
the facilities provided to assist access to the school by disabled pupils; and
the accessibility plan prepared by the school.

The legal basis for this is now s. 317(6) Education Act 1996 as amended by s.14(2) Special Educational Needs and Disability Act 2001 #. "Disabled people" is defined as in the DDA.

The reports must also contain information on the school's special needs policy.

Teacher training - having regard to pupils and teachers who stammer

The Teacher Training Agency is obliged in exercising its functions to have regard to the requirements of people who are disabled for the purposes of the DDA (s. 1(4) Education Act 1944, added by s. 40 Special Educational Needs and Disability Act 2001 #). This clearly covers training to address the needs of disabled children (including those with a stammer). It may well also extend to having regard to the needs of disabled people (e.g. people with a stammer) who are entering the teaching profession.

Training providers may also be subject to the Part 4 DDA rules against discrimination in post-16 education.

Employment

Remember also that the employment provisions of the DDA can apply to schools as to other employers. See also teachernet.gov.uk: Fitness to Teach.

Employing Disabled Teachers - a good practice guide for schools (link to DfES site), produced by Skill in 1999, includes examples of good practice and success stories, for example with deaf teachers.

Links

British Stammering Association (BSA) information for school-children who stammer and their parents, including
- Oral assessments in secondary school: the long road to GCSE
- Choosing a secondary school when your child stammers
  The two articles mentioned above are by BSA Education Officer Cherry Hughes and include discussion of the child going on the special needs register.
- CD Roms on GCSE English orals (English and Scottish versions)
British Stammering Association (BSA) information for teachers, including
- CD Roms for staff in primary and secondary schools (English and Scottish versions)
- The Child Who Stammers - Information for Teachers, a comprehensive guide compiled by the BSA's panel of specialist speech and language therapists.

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