Reasonable Adjustments

The SEND Code of Practice 2015 summarises the Equality Act duty and says Nurseries, Schools and Colleges must:

• not directly or indirectly discriminate against, harass or victimise disabled children and young people
• make reasonable adjustments, including the provision of auxiliary aids and services, to ensure that disabled children and young people are not at a substantial disadvantage compared with their peers. This duty is anticipatory – it requires thought to be given in advance to what disabled children and young people might require and what adjustments might need to be made to prevent that disadvantage (Introduction xix)

Nurseries, Schools and Colleges must take steps to ensure disabled children and young people are not substantially disadvantaged due to their disability. ‘Reasonable adjustments’ is the term used to describe these in law. 

Nurseries, Schools and Colleges should be thinking in advance, and reviewing what adjustments they may need to make to avoid substantial disadvantage for disabled children.

• All aspects are covered, including homework, school trips, provision of education and around exclusions.
• They must make reasonable adjustments to procedures, criteria and practices and by the provision of auxiliary aids and services.
• Nurseries and post-16 providers must also make reasonable adjustments by making physical alterations.
• Schools and the local authority are not required to make physical alterations, but they must publish accessibility plans (and local authorities, accessibility strategies) setting out how they plan to increase access for disabled pupils to the curriculum, the physical environment and to information.

Examples of Reasonable Adjustments:

• On a residential trip a pupil with sensory needs can take meals in a separate room with a small group of friends rather than in the large busy cafeteria;
• A secondary school organises for a subject usually taught upstairs to be taught on the ground floor to enable access for a pupil in a wheelchair;
• A student with medical needs is able to take an exam at home or have a delayed start;
• A pupil with chronic fatigue is given a ‘buddy’ to carry school books and the school policy adjusted so that they will not be penalised for arriving late.

The Equality Act 2010 (part 6 applies to education) contains the ‘reasonable adjustments duty.

Reasonable Adjustments Duty