The Equality Act 2010 sets out ways that a person may be discriminated against. In the below descriptions of types of discrimination, we use the word “pupil” but schools must not discriminate against prospective, or in some cases former, pupils either.

• Unfavourable treatment arising from disability: when a school treats a pupil badly because of something connected to their disability, such as not allowing their assistance dog into the school or penalising them for needing time off for medical appointments, and the school does not have a good reason for the treatment that is proportionate.  

• Direct discrimination: when the school treats the pupil worse than a non-disabled pupil in a similar situation because of their disability. This can also apply to non-disabled children and young people when they are treated worse than others because of their association with a disabled person or because the school thinks they’re disabled when they’re not (known as discrimination by association or perception). 

• Indirect discrimination: where a school has a particular policy or way of working that puts disabled pupils at a particular disadvantage compared to pupils who aren’t disabled or who don’t share that particular disability. This is unlawful unless the school can show that there is a good reason for the policy and it is proportionate.  

• Same disadvantage indirect discrimination: where a school has a particular policy or way of working that puts disabled pupils at a particular disadvantage compared to pupils who aren’t disabled or who don’t share that particular disability  but it disadvantages someone who doesn’t share that characteristic  in the same way. This is unlawful unless the school can show that there is a good reason for the policy and it is proportionate.  

• Failure to make a reasonable adjustment or auxiliary aid or service: schools should make reasonable adjustments to their policies and practices when dealing with: admissions, providing education or access to a benefit, facility or service and this includes the operation and application of a school’s behaviour policy, including in relation to sanctions and exclusions. This is so disabled pupils are not substantially disadvantaged compared to those who are not disabled. What is reasonable depends on the facts – Chapter 6 of this Equality and Human Rights Commission guidance can help you work this out.  

• Harassment: when the pupil is treated by a staff member in a way that makes them feel humiliated, offended or degraded.  

• Victimisation: when the pupil is treated badly because they or their parents have made a complaint of discrimination under the Equality Act 2010.

There is more information about different types of disability discrimination on the Equality and Human Rights Commission website.

Some schools (like maintained and academy schools) have another duty related to discrimination. It’s called the Public Sector Equality Duty and means the school has to consider the need to eliminate discrimination, advance equality of opportunity and foster good relations. It’s not possible to bring a claim in the SEND Tribunal for a school breaching this duty, but the High Court can deal with judicial review claims about this.

The Alliance for Inclusive Education's (ALLFIE) website also has resources which relate to discrimination, including a report on education and training providers’ duty to develop Accessibility Plans to address physical and other barriers to disabled pupils’ learning.

Before taking action, review our section on things to consider before making a claim.