Under the Equality Act 2010 disability is considered to be a “protected characteristic” and it is unlawful for an education provider to treat a pupil unfavourably (whether directly or indirectly) because of their disability.
This seminar is designed to look at some of the key legal and practical considerations when dealing with claims of disability discrimination against education providers, particularly in circumstances where the child or young person in question also has the benefit of an Education, Health and Care Plan.
The seminar will cover:
- What a “protected characteristic” is under the Equality Act
- Overview of disability and special educational needs
- General principles relating to the content and maintenance of EHCPs
- Funding of SEN provision and potential issues
- Explanation of disability discrimination, with practical illustrations
- What positive steps education providers should take to ensure disabled pupils have access to education or the provision of services
- Procedure for EHCP and disability discrimination claims in the First-tier Tribunal, and the overlap between the two
- Practical advice on how to respond to complaints and prepare for a disability discrimination claim
Aimed primarily at teachers, SENCOs and professionals working in schools, it will also provide guidance to local authority SEN officers responsible for issuing and maintaining EHCPs. The presenters, Andrea Squires (Partner) and Laura Martin (Associate) at Winckworth Sherwood and Anna Tkaczynska (counsel at Serjeants’ Inn Chambers) have extensive expertise in education law and cases involving special educational needs and disability. They advise and appear regularly for education providers and local authorities in the First-tier Tribunal, the Upper Tribunal and the Administrative Court.
A plenary session will also explore current issues facing education providers in the funding of SEND, asking whether the current funding provision goes far enough and how providers are responding to the invitation to collaborate noted in the Department’s call for Evidence launched in May.
If you have any questions please contact: firstname.lastname@example.org