Disability Equality and implications of the Equality Act 2010

Disability Equality and implications of the Equality Act 2010 Jane Carter Integrated Disability Service

Question 1 What percentage of children and young people may count as disabled? a) 2% b) 5% c) 6% d) 7% e) 18%

Question 2 Which of these is disabled? A person with: a) a visual impairment b) asthma c) cancer d) a learning difficulty e) speech and language difficulty

Defining Disability • The Equality Act definition is broad and includes a wide range of impairments: “a physical or mental impairment which has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities”. • “Long-term” is defined as lasting longer than 12 months, “substantial” as more than minor or trivial.

Defining Disability (2) • Determining whether someone meets the criteria is not an exact science; ultimately the courts decide. • Behaviour is probably the area which causes most debate in the context of education; • If the behaviour is related to an underlying mental health condition, an identifiable disorder or another disability, then it is likely to be covered; • Behaviour related to social reasons is not covered.

Question 3 17% of all young people report that they have been bullied. What percentage of young people with disabilities say they have been bullied? a) 12% b) 21% c) 33% d) 38%

What is a reasonable adjustment? A “reasonable adjustment” is a change a service provider needs to make in order to meet the duties of the Equality Act. Some examples of adjustments might include: • allowing Assistance Dogs as an exception to a "no dogs" rule; • installing a visual signal with a fire alarm; • making information available in large print.

Question 4 • Which of the following might be considered “reasonable” on the part of a school for a disabled pupil? • choosing an accessible venue for a trip; • b) playing football with a sounding ball; • c) swapping round classroom accommodation; • d) setting up a buddy system; • e) providing a lap top; • f ) planning lessons so that all students make progress; • g) running an extra-curricular activity at lunchtime instead of after school to enable a student who travels by taxi to attend; • h) demolishing the building and rebuilding it as single storey.

Question 5 • When do schools need to start making reasonable adjustments for pupils? • a) when a pupil has been in the establishment for a while and you’ve assessed what might constitute a barrier • when the pupil arrives • when the pupil is offered a place • d) before any of the above

So why do we need a Disability Equality Duty? A flurry of complaints about the appointment of Cerrie Burnell have appeared on parenting message boards on the CBeebies website, with some so vicious that they had to be removed by moderators. One blogger wrote: "Is it just me, or does anyone else think the new woman presenter on CBeebies may scare the kids because of her disability? I didn't want to let my children watch …The Bedtime Hour last night because I know it would have played on my eldest daughter's mind and possibly caused sleep problems. And yes, this is a serious post."

Some statistics • 7.7% of children with disabilities have missed out on a school trip; • 19.5% miss out on extra-curricular activities; • 1 in 100 has a diagnosis of Autism; • 25% of young people with Autism have been excluded from school at some point; • 16 year olds with disabilities are twice as likely to be out of education, training or work. This increases to three times as likely at 19. • 21% of 16-24 year olds with disabilities have no qualifications compared with 9% of young people over all.

Legislative requirements in brief • Schools are required to anticipate the barriers that disabled people may face, and remove or minimise them. • A school discriminates if: • It treats a disabled person, pupil or prospective pupil less favourably; • It fails to take reasonable steps to avoid placing disabled person at a substantial disadvantage. This duty is often known as the 'reasonable adjustments' duty. • Parents who feel their child has been discriminated against can make a claim to the SEN and Disability Tribunal; the appeal is against the School.

Types of Discrimination • Direct Discrimination • Indirect Discrimination • Discrimination by Association • Discrimination by Perception • Harassment • Victimisation

Discrimination by association • Treating a person less favourably because of their association with someone with a protected characteristic. • For example, failing to take action about a child who is being bullied due to a sibling’s disability or failing to consider reasonable adjustments to a member of staff’s working hours to accommodate responsibilities such as caring for a disabled child, partner etc.

Discrimination by perception • Treating someone less favourably because you mistakenly think they have a protected characteristic. • For example, placing an able pupil with English as an Additional Language in a bottom group for Maths. • Grouping able pupils with Specific Learning Difficulties or Asperger’s Syndrome etc in inappropriate sets to access “additional support”.

Discussion / Issues for Reflection (A) • Extract from a School’s Behaviour Code: “We treat everyone exactly the same”. • Is this appropriate? • When might it not be? • What are the whole school implications? • Who decides when an exception is reasonable? • What might a “reasonable adjustment” look like in this context?

Discussion / Issues for Reflection (B) How can we ensure extra-curricular activities and educational visits are inclusive? What reasonable adjustments might be necessary to include pupils in the future? What issues do you envisage encountering?

What is a reasonable adjustment in terms of behaviour? • Differentiating the school’sgeneral disciplinary or behavioural policy to take account of behaviour which is related to a pupil’s disability; • Ensuring the appropriateness of sanctions used; • Developing strategies to prevent the pupil’s behaviour; • Specialist Teacher or TA input; • Training e.g. on Autism, ADHD etc.

Reasonable Adjustments for Educational Visits and Off-site Activities Schools are advised to plan based on the assumption that all young people will be included in off-site visits, unless a decision can clearly be justified in accordance with the guidance and advice contained within the EHRC Code of Practice for Schools. The key to making practical, fair and therefore lawful judgments about participation, is through undertaking a risk assessment. The EVC and the LA’s Outdoor Education Officer should check that all reasonably practicable efforts have been made during the risk assessment to include disabled young people in off-site activities.

Educational Visits (2) Planning needs to involve an early discussion with: • the young person; • parents; • group leader and other supervisors; • the manager of the venue to be visited / the tour operator; • and where appropriate, the LA’s Health and Safety Officer and specialist SEN & D support services. This will enable a collective decision to be reached to ensure the best approach and safest outcome for the young person and other participants.

Educational Visits (3) • Use the planning checklists available on Welearn365; • If schools feel there are significant health and safety concerns that they are unable to mitigate, they are advised to speak with staff in the Local Authority: • Outdoor Education Co-ordinator, tel no: 01926 742490 or email outdooreducation@warwickshire.gov.uk • Integrated Disability Service, tel no: 01926 742347 or email janecarter@warwickshire.gov.uk • Maintained schools can contact Mark Wills in Health & Safety, tel no: 01926 742575 or email markwills@warwickshire.gov.uk

Tribunal issues to date (national) • Admissions • Failure to administer medicines • Lack of risk assessments • School trips • Punishment for behaviour related to disability • Failure to deal with bullying related to disability • Selection arrangements • Excluding pupils from activities for health and safety reasons • Dis-applying from the National Curriculum unnecessarily.

Remedies • A public apology in a newspaper • An order to re-run an activity e.g. a trip, including the disabled pupil • An order to train staff and governors on a specific issue • An order to review school policies and guidelines • An order for the school to fund additional tuition to compensate lost teaching etc. • No financial compensation

Inclusion Development Programme Materials on Speech & Language, Specific Learning difficulties, Autism and Behaviour. Further information available from: http://webarchive.nationalarchives.gov.uk/20110809091832/http://www.teachingandlearningresources.org.uk/whole-school/special-educational-needs-sen/inclusion-development-programme-idp • Self-evaluation • CPD Activities • How to make adjustments in the classroom • Resources

Web Resources • “Children with Autism: Strategies for Accessing the Curriculum at Key Stages 3 and 4” http://www.teachernet.gov.uk/wholeschool/sen/teacherlearningassistant/ASDKS34/ • “Disabling Imagery? A Teaching Guide to Disability and Moving Image Media” http://www.bfi.org.uk/education/teaching/disability/ • Citizenship and Disability resources on the archived Disability Rights Commission website: http://83.137.212.42/sitearchive/DRC/citizenship/index.html

Policies and Practice which need to be kept under review • Admissions • Behaviour Policy • Rewards and Sanctions e.g. an 100% attendance reward scheme may be unreasonable for a pupil with a long-term health condition • Positive promotion e.g. through PSHE, Assembly Programme, visitors to school • Bullying Policy • Educational Visits • Health & Safety, risk assessments • Extra-curricular activities

Policies and Practice which need to be kept under review (2) • Curriculum • Accessibility of signs and information for pupils, parents, staff and community users, including website. • Consultation, seeking views of pupils, parents, staff and community users • Recruitment and Selection, job descriptions, person specifications • Lettings

Further information and support Welearn365 IDS pages www.warwickshire.gov.ukDisability Equality page Email: janecarter@warwickshire.gov.uk Tel: 01926 742347

Disability Equality and implications of the Equality Act 2010