ACCESSIBILITY POLICY
The Equality Act 2010 replaced all previous equality legislation such as the Race Relations Act, Disability Discrimination Act (DDA) and Sex Discrimination Act.
The Equality Act 2010 provides a single, consolidated source of discrimination law, covering all the types of discrimination that are unlawful. It simplifies the law by removing anomalies and inconsistencies that had developed over time in the existing legislation, and it extends the protection from discrimination in certain areas.
The law on disability discrimination is different from the rest of the Act in a number of ways. The overriding principle of equality legislation is generally one of equal treatment. However, the provisions in relation to disability are different in that you may, and often must, treat a disabled person more favourably than a non-disabled person.
There are some minor differences around disability in the new Act when compared with the previous legislation.
- The Equality Act does not list the types of day to day activities which a disabled person must be unable to carry out to meet the definition
- Failure to make a reasonable adjustment can no longer be justified. The fact that it must be ‘reasonable’ provides the necessary test.
- Direct discrimination against a disabled person can no longer be justified (bringing it into line with the definition of direct discrimination generally).
- From September 2012 schools and local authorities are under a duty to supply auxiliary aids and services as reasonable adjustments where these are not being supplied through a statement of SEND.
As in previous legislation a school must not discriminate against a pupil because of something that is a consequence of their disability.
It is unlawful for a school to treat a disabled pupil unfavourably. Such treatment could amount to:
- Direct discrimination
- Indirect discrimination
- Discrimination arising from a disability
- Harassment
Direct discrimination can never be justified but a school could justify indirect discrimination against a disabled pupil, and discrimination arising from a disability if the discrimination is the result of action that is a ‘proportionate means of achieving a legitimate aim’.
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