Discrimination in education

Disability

There is new legislation that the law is developing so that it can deal with this important issue. Until September 2002, when the law changed, most of the education sector was exempt from legislation governing disability discrimination. Law that came into force in 2006 has extended protection for disabled pupils and students.

In a case funded by the Disability Rights Commission (now part of the Equality and Human Rights Commission where we also have close links), we acted in what was thought to be the first action brought under disability discrimination legislation against an educational institution, successfully suing a school for refusing to allow a diabetic pupil to go on a water sports trip. The case, which has established important legal principles for other disabled students, is described in more detail in our disability discrimination in education case studies.

While most education institutions have tried hard to adopt best practice, there are still many schools, Univeristites and colleges that are confused about their obligations and do not fully realise how their policies may adversely affect disabled students.

In many cases, we can put forward positive proposals, which can solve the problem to the satisfaction of both sides.

However, our wide experience in both Special Educational Needs and Disability Tribunals, and in court actions relating to education, means that we are ideally placed to help in challenging decisions if agreement is not possible.

Race and Religion

Unfortunately, there are still considerable numbers of people who experience prejudice because of their race or religious beliefs in an educational context and court action can be taken in appropriate cases.

There has been a number of well publicised cases on how far uniforms should be adapted to allow for religious dress. We consider there is still scope for further clarification and development in this area of law.

There are, of course, other types of discrimination and whilst they are less common we can use our expertise in this area to advise. All discrimination cases must be taken very promptly as the time limits are very short.

To find out more about how we can help you, please contact Maxwell Gillott Solicitors.