2015, 2018 and so on. The Department for Education provides guidance on accessibility planningxiv and the materials in Implementing the Disability Discrimination Act in Schools and Early Years SettingsXV include template plans and examples of how schools meet the accessibility planning duty. Ofsted can inspect school accessibility plans and local authority accessibility strategies.
24. What happens if a disabled child is discriminated against?
If a parent thinks that their child may have been discriminated against, they can make a claim of disability discrimination.
Where a school may have discriminated, a claim is made by the parent of a disabled child, to the First-tier Tribunal (SEN and Disability), or in certain cases to a local admissions appeal panel. Note that since September 2012, claims of discrimination in all types of exclusion have been heard by the Tribunal. If the Tribunal determines that there has been unlawful discrimination, it can order any remedy it sees fit, but no financial compensation is available.
Where services are covered by Part 3 of the EqA, that is providers other than schools, a claim of discrimination is heard in the County Court and, if the Court determines that there has been unlawful discrimination, the remedies available include financial compensation.
Parents need to bring a claim within six months of the discrimination. Where discrimination has extended over a period of time, the six months is timed from the last instance of discrimination. Parents have longer to bring the claim if they seek conciliation.