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These pages do not apply outside the Great Britain.

Proposed changes on education

This page outlines proposed changes to the education rules in the Equality Act 2010 (not yet in force). The changes would not necessarily apply to Northern Ireland.

Auxiliary aids and services to be included in pre-16 education provisions

According to Equality Act 2010, schools and LEAs are to have a duty to provide an auxiliary aid or service where reasonable. However this is not yet in force. See Equality Act 2010: Education: Auxiliary aids and services to be included in pre-16 education provisions.

Changes not being made

Changes to resolution of disputes

The DRC consulted on and made numerous recommendations designed to ensure effective redress for disabled learners:

• In England and Wales, children should be given the ability to take DDA claims in their own name, rather than the parent having to do it on the child's behalf. In Scotland children can already so this when they have capacity to do so, which is presumed from age 12. Children in England and Wales can currently be denied their rights when a parent does not wish to claim, or where a child is in the care of a local authority which is their 'parent' and indeed may itself be the body against which the claim would be brought. Also there is currently an anomolous difference between a 17-year old in a school 6th form (parent must claim) and one in FE 6th form college (can bring own claim in County Court). There should be a right to independent advocacy.
  
  
• The EHRC should have a role in enforcing tribunal orders, and such orders should be enforcable via judicial review. The First-tier Tribunal (formerly SENDIST) has broad power to make orders, including for training of staff and changes to practices, but there is no way of enforcing the orders.
  
  
• Tribunals should have power to award compensation in pre-16 education cases. There should be a tiered approach, with the main focus aimed at making up for the discriminatory act (change of policy, extra tuition, apology etc) and compensation if that does not achieve an equitable outcome.
  
  
• DDA claims relating to permanent exclusions and admission should be heard by the tribunals, rather than special appeal panels as now.
  
  
• The questionnaire procedure should be available in education claims.
  
  
• Post-16 education disputes should be determined by equality tribunals (based on employment tribunals) rather than County Courts.

A Framework for Fairness Response (on archived DRC website), pages 8, 22-25. These recommendations do not seem to be as yet accepted by the Government - with the possible exception of using the questionnaire procedure in education claims (s.138 Equality Act 2010).

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Last updated 28th January, 2011