Schools are subject to the Equality Act 2010. Separately, rules on special educational needs (SEN) also apply, and it may be worth getting a child who stammers onto the SEN register (in England) if possible. Do also look at the British Stammering Association’s resources on stammering and education: below BSA resources.
Special educational needs (SEN)
This provides a framework which can support the education of 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. However, tribunal claims in respect of the SEN framework are not normally relevant as regards stammering. See Special educational needs.
The Equality Act applies to schools in England, Wales and Scotland. The reasonable adjustment duty has now been extended to include provision of auxiliary aids and services (as from September 2012). Unlike with the SEN framework, disputes can be taken to a tribunal. More: Equality Act in schools.
For offical guidance on the Equality Act and schools, see Equality Act in schools: Links.
Nearly always, any issues will be involved informally. British Stammering Association resources are very useful, and it also has an education helpline. As regards legal enforcement, any tribunal claims will normally need to be under the Equality Act, rather than the SEN framework. However, the tribunal cannot award financial compensation. See Resolving disputes in schools.
Examining boards for exams such as GCSEs and A-levels are also subject to the Equality Act.
Furthermore, the school’s duty to make reasonable adjustments can include negotiating special arrangements for disabled pupils who are taking exams.
These include practical strategies to support a child who stammers in school.
- In education (stamma.org) – BSA’s current education page including a pdf of possible reasonable adjustments, and contact details for the British Stammering Association’s helpline.
- For teachers, Teachers (stamma.org) and a teachers leaflet (pdf).
- BSA had a 2016 mini-website for parents on the current SEN Code of Practice in the context of stammering. However unfortunately this is no longer online.
Older BSA resources
Old, quite possibly out-of-date, previous resources from British Stammering Association:
- Expert Parent website (2009). BSA’s old resource for parents. Provides information to guide parents as their child progresses through the education system, from pre-school to the end of statutory schooling at age 16. It has helpful suggestions on supporting a child who stammers. However its account of the SEN Code of Practice will be out of date, as may be other things including access arrangements for exams.
- stammeringineducation.net, BSA’s old teachers’ resource (written 2010 or earlier). Includes guides for teachers on GCSE oral work in England and equivalent in Scotland, plus tips and techniques for students who stammer for English oral work aimed at England and Scotland.
- GCSE oral work – some changes (link to archive of BSA website), 2010. (Also GCSE oral components, 2009)
Specifically on stammering, see the BSA resources for parents or teachers (above).
More generally there is Bullying at school on (gov.uk) which includes further links.
Bullying or other harassment by teachers related to disability should of course be unlawful under the Equality Act.
However, most bullying will be by other pupils. Schools should take measures to prevent bullying. Does a school have Equality Act obligations though to take steps against bullying by other pupils? Its obligations are limited according to para 1.7 of Equality Act 2010: Advice for school leaders, school staff, governing bodies and local authorities (pdf, dera.ioe.ac.uk), 2012. However, there may be possible ways to claim under the Equality Act or other laws: compare in an employment context Harassment or employees>Harassment by third parties such as customers.
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. A House of Lords case on dyslexia is Phelps v Hillingdon Council.
Human Rights Act 1998
The European Convention on Human Rights, having effect in the UK through the Human Rights Act, is likely to give rights in relation to education and stammering (Scope of European Convention rights). However, normally any rights under the Equality Act and special educational needs regime should be sufficient.
A situation where the European Convention may be useful is if a school argues that a child’s stammer is not serious enough to amount to a ‘disability’ within the Equality Act (see Disability under Article 14>Boundaries of what falls within Article 14…).
The employment provisions of the Equality Act apply to schools as to other employers. For examples of people who stammer who have gone into teaching, see Examples of jobs done by people who stammer: Teacher / lecturer.