If you are not satisfied with the support your child is receiving for his or her special needs at their private school, you may wish to launch a legal challenge.
In 2010 the UK Equality Act set out a series of extensive provisions regarding discrimination in all educational establishments, including private schools, and extending to pupils and students of all ages. Prior to your child beginning their education at their private school, you as their parent or guardian should have made the school aware of your child's special needs or disability. From that moment, the private school has an obligation under the law to make any "reasonable adjustments" within the school, ensuring in the process that your child does not receive a substandard education because of their special needs.
What "reasonable adjustments" is the school obliged to make?
As stipulated in the Equality Act, every UK educational institution is obliged to take any reasonable steps to "avoid substantial disadvantage" to any pupil or student with special needs or disabilities. This obligation is divided into the following three specific areas:
- Physical features.
As you might suspect, "physical features" is a reference to the actual physical construction of a school building, including classrooms and other physical spaces, as well as doorways and other access points. In this case, "reasonable adjustments" would include ensuring that there are ramps in place for wheelchair users or that doorways are wide enough.
- Provisions, criteria or practices.
This is a reference to the procedures and policies of a private school or any other educational institution. It includes, for example, disciplinary procedures, and any student-based activities arranged as part of a course.
- Auxiliary aids.
This refers to the imparting of both educational and administrative information, and it stipulates that all information must be provided for children with special needs or disabilities in a format that is readily accessible. Examples of commonly used auxiliary aids include reading materials for the visually impaired, e.g. in Braille and large print.
What can I do if I'm not satisfied that my child's needs are being met?
If you are not satisfied that your child's private school is meeting the special needs of your child, there is a procedure in place for you to follow.
- Firstly, you should make a preliminary appointment to meet with the school's head teacher to discuss the situation.
- If the problem you perceive is not immediately addressed, you will need to make a written complaint, following the school's internal complaints procedure.
- If you are still not satisfied, you should consider seeking legal advice to assess whether you have a claim for discrimination. If so, you can make a claim to the First Tier Tribunal, (SEND) within 6 months from the last act of discrimination.
At Match Solicitors, we have a team of dedicated specialist education solicitors to help guide you through these often very daunting legal procedures. Give us a call and we can help you turn things around.
