Reasonable adjustments in schools: what the law says and why it matters

This post sets out what the law says, what it means in practice, and what you can do if you think adjustments are not being made. It is written for parents and carers, school staff and older pupils, with a short version for young people at the end.

The law: the Equality Act 2010

The Equality Act 2010 protects people from discrimination because of certain “protected characteristics”. Disability is one of them.

For schools in England, Scotland and Wales, the Act says that schools must not discriminate against disabled pupils. This covers:

• admissions
• how education is provided, including lessons, trips, clubs and exams
• access to benefits, facilities and services
• exclusions

The Act also includes a positive duty to make reasonable adjustments. This means schools must take reasonable steps to make sure disabled pupils are not at a substantial disadvantage compared with their non-disabled peers.

This duty applies to maintained schools, academies, free schools and independent schools.

Who counts as “disabled”?

Under the Act, a person is disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

Substantial

means more than minor or trivial.

Long-term

means it has lasted, or is likely to last, at least 12 months.

Day-to-day activities

for a child include things like concentrating, learning, communicating, moving around school, managing emotions and joining in with others.

This definition is broader than many people realise. It can include:

• autism and ADHD
• dyslexia and other specific learning difficulties
• anxiety, depression and other mental health conditions
• sensory impairments
• long-term health conditions such as diabetes, epilepsy and asthma

Some conditions, including cancer, HIV and multiple sclerosis, count from the point of diagnosis.

Disability and SEN: not the same thing

Many children are both disabled and have special educational needs (SEN), but the two groups overlap rather than match exactly.

• SEN is covered by the Children and Families Act 2014 and the SEND Code of Practice.
• Disability is covered by the Equality Act 2010.

A child might be disabled without needing special educational provision, for example a pupil with well-managed diabetes. Another child might have SEN without meeting the disability definition. Both sets of duties can apply to the same child at once, and schools must meet both.

What is a “reasonable adjustment”?

A reasonable adjustment is a change to how things are usually done that removes or reduces a disadvantage for a disabled pupil. In schools, the duty covers two main areas:

1. Provisions, criteria and practices: the school's policies, rules and usual ways of working.
2. Auxiliary aids and services: extra equipment or support, such as a laptop, a coloured overlay, a sign language interpreter or specialist software.

Physical changes to buildings, such as ramps or lifts, are not part of the reasonable adjustments duty for schools. Instead, schools must have an accessibility plan showing how they will improve physical access, access to the curriculum and access to information over time.

Everyday examples

• Letting a pupil with anxiety leave lessons a few minutes early to avoid crowded corridors
• Allowing movement breaks or fidget tools for a pupil with ADHD
• Adjusting uniform rules for a child with sensory sensitivities
• Giving instructions in writing as well as verbally
• Offering a quiet space at lunchtime
• Adapting the behaviour policy so a pupil is not punished for behaviour linked to their disability
• Providing rest breaks or extra time in tests
• Making sure a school trip is planned so that a disabled pupil can take part
• Giving homework in accessible formats

Many of the most effective adjustments are simple, low cost and good practice for everyone.

The duty is anticipatory

This is one of the most important and least understood parts of the law.

Schools must not wait until a disabled child arrives or a problem occurs. They are expected to think ahead about the barriers disabled pupils in general might face, and plan for them in advance.

The duty is also owed to each individual child. Once a school knows, or could reasonably be expected to know, about a pupil's disability, it must consider what adjustments that child needs.

What makes an adjustment “reasonable”?

The law does not list every adjustment a school must make. Whether something is reasonable depends on the circumstances. Factors include:

• how effective the adjustment would be in removing the disadvantage
• how practical it is
• the cost, and the school's resources
• the effect on the child's education and wellbeing
• health and safety
• the interests of other pupils

Some important points:

• Cost alone is rarely a good reason to refuse, particularly for low-cost changes.
• Schools cannot charge parents for making reasonable adjustments.

Other forms of disability discrimination

As well as failing to make reasonable adjustments, the Act prohibits:

• Direct discrimination: treating a pupil less favourably because they are disabled, for example refusing a place on a trip because of their condition.
• Discrimination arising from disability: treating a pupil unfavourably because of something connected with their disability, unless the school can show this was a proportionate means of achieving a legitimate aim. For example, excluding a child for behaviour that is linked to their autism, without considering adjustments first.
• Indirect discrimination: applying a rule to everyone that puts disabled pupils at a particular disadvantage without good justification.
• Harassment and victimisation: including treating someone badly because they have raised a concern about discrimination.

Behaviour and exclusions are areas where these questions come up often. Schools should look at whether a child's behaviour may be connected to their disability, and whether reasonable adjustments have been made, before applying sanctions.

For parents and carers: what you can do

1. Share information. Tell the school about your child's needs, including any reports from professionals. The duty applies when the school knows, or could reasonably be expected to know, about the disability.

2. Ask specific questions. “What adjustments are in place for my child?” and “How will you know if they are working?” are good starting points.

3. Keep a record. Note conversations, emails and agreed actions.

4. Include your child's voice. Children often know best what helps and what gets in the way.

5. Read key documents. Ask for the school's SEN information report, accessibility plan and behaviour policy.

6. Use the complaints process. If you are not satisfied, raise it formally with the school, then with the governing body or trust.

7. Know the next step. In England, claims of disability discrimination against schools can be made to the First-tier Tribunal (SEND). This must usually be done within six months of the incident.

Local SENDIASS services, which offer free, impartial information and advice, can help you through this process.

For school staff: key points to remember

• The duty is anticipatory and continuing. Review adjustments regularly.
• A diagnosis is not required.
• Adjustments should be discussed with the pupil and their family.
• Check policies, especially behaviour, uniform, attendance and trips, for unintended barriers.
• Record adjustments and review their impact, just as you would with SEN support.
• Make sure all staff, including supply staff and lunchtime supervisors, know about the adjustments.
• Keep the accessibility plan current and meaningful, not just a document on a shelf.
• Good inclusive practice benefits the whole class.

Common questions

Final thoughts

Reasonable adjustments are not special favours. They are a legal duty and, just as importantly, part of good teaching. When schools, families and young people work together, small changes can make a large difference to a child's learning, confidence and sense of belonging.

Useful resources

• Equality Act 2010 (full text) (opens in a new tab)
• Equality and Human Rights Commission: reasonable adjustments for disabled pupils (PDF) (opens in a new tab)
• Department for Education: Equality Act 2010, advice for schools (opens in a new tab)
• SEND Code of Practice: 0 to 25 years (opens in a new tab)
• Find your local SENDIASS service (IASS Network) (opens in a new tab)