What are Reasonable Adjustments?

Reasonable adjustments exist to level the playing field for disabled students - sometimes literally

Children and young people with disabilities face many barriers to their full and equal participation in education. Recognising this, the Equality Act 2010 ("the Equality Act") requires all schools and colleges (including independent ones) to make reasonable adjustments to ensure that disabled students are not placed at a disadvantage compared with their non-disabled peers. For more information on what constitutes a disability under the Equality Act and on disabilitiy discrimination more generally see this blog post.

The barriers that reasonable adjustments are designed to overcome assume a variety of guises. Some affect a child's physical environment, such as a lack of wheelchair accessibility or the absence of hearing aid loop systems, whilst others impact a child's mental wellbeing, such as rigidity of teaching techniques or the blanket application of uniform or homework policies. Installing ramps and lifts is an obvious way to improve access for students with mobility isuses, but other adjustments are less intuitive. For children with visual impairments, increasing the light of the room, or having learning resources available in other formats such as Braille are examples of reasonable, and inexpensive, adjustments. Similarly, learners with hearing impairments are likely to benefit from increased carpeting of the classrooms, or acoustic tiling.

As well as the physical environment schools, need to be made more accessible for sensory and needs arising from disabilities; particularly hidden disabilitis. Some autistic students for example, may prefer starting class at a different time to their peers, or being pre-taught materials, or being excused from having to wear a tie or a blazer. Whilst there is no legal definition of what constitues a reasonable adjustment, and much will turn on the nature of the adjustment being sought as well as it's cost and the resources of the school/college, all of these are likely to meet the definition. The Equality and Human Rights Commission ("EHRC") has produced helpful (and detailed) guidance for schools on meeting their duties under the Equality Act, which can be found here. Crucially, the duty to make reasonable adjustments is a positive duty, which, unlike most other types of anti discrimination provisions, involves actively treating disabled students differently from non-disabled students.

If your child or young person requires reasonable adjustments to be made for them, SEND Advocacy can provide expert advice and support. If you need someone in your corner to help you secure the education your child or young person needs and is entitled to Contact us today. 

Frequently Asked Questions about Reasonable Adjustments in Schools

What are reasonable adjustments in school?

Reasonable adjustments are tailored changes that schools are required to make to support disabled pupils, frequently including those with Special Educational Needs (SEN), to ensure that they are not at a substantial disadvantage compared to their non-disabled peers.

Are schools legally required to make reasonable adjustments?

Yes they are. All schools, including independent schools, are bound by the Equality Act 2010, which is where the duty to make reasonable adjustments comes from.

Can a child receive reasonable adjustments without an EHCP?

Yes, an Education, Health and Care Plan is not necessary for the duty to make reasonable adjustments to arise.

What counts as a disability under the Equality Act 2010?

A disability is defined in law as being when a person has a physical or mental impairment which has a substantial and long term adverse effect on that person’s ability to carry out normal day to day activities. Substantial means that the effect is more than minor or trivial and long term means that the effect lasts or is likely to last for a year or more.

What is disability discrimination in education?

Disability discrimination is when someone is treated unfairly because of their disability, or because of something arising from their disability, for example not being allowed to attend an off site trip.

How can parents challenge a failure to make adjustments?

Parents can bring a claim for disability discrimination against a school in the SEND Tribunal. Claims against nurseries and post 16 providers must be brought in the county court.

Are reasonable adjustments the same as SEN support?

No, SEN support is the legal duty that all mainstream education settings have to use their best endeavours to meet the needs of children within their care who have Special Educational Needs and Disabilities (SEND).