Your Child's Legal Rights Under the Equality Act 2010: A Step-by-Step Guide
Every parent wants their child to feel safe, included and supported at school. For parents of children with special educational needs or disabilities (SEND), knowing the legal protections in place can make a real difference when advocating for fair treatment. The Equality Act 2010 is one of the most important pieces of legislation in this area. It provides a single, consolidated source of discrimination law that applies to schools across England, Scotland and Wales. Understanding your child’s legal rights under the Equality Act 2010 can help you hold schools to account and ensure your child receives the support they deserve.
What the Equality Act 2010 Means for Your Child
The Equality Act 2010 came into force in 2010 to protect everyone, including children and young people, from discrimination and to advance equality and opportunity for all. It protects people against discrimination, harassment and victimisation in relation to housing, education, the provision of services, work and other areas of public life. For your child, this means that their school has a legal duty not to treat them unfairly because of who they are or because of a disability they may have. The Act replaced all existing equality legislation such as the Race Relations Act, the Disability Discrimination Act and the Sex Discrimination Act, bringing everything into a single, clearer framework.
The Act makes it unlawful for the responsible body of a school to discriminate against, harass or victimise a pupil or potential pupil. This covers everything from admissions and how your child is treated in the classroom to exclusions and school trips. It applies to all schools, whether they are maintained by the local authority, academies, free schools or independent schools.
Who is Protected Under the Act?
The Equality Act 2010 prohibits discrimination based on what are known as protected characteristics. These include age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, pregnancy and maternity, and marriage and civil partnership. For children with special educational needs, the protected characteristic that most commonly applies is disability. The Act defines disability as a physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. Many children and young people who have SEN may have a disability under this definition, even if they do not have a medical diagnosis or an Education, Health and Care Plan.
It is important to understand that the Act protects your child even if their needs are not formally labelled. A child who has autism, ADHD, a learning difficulty, a sensory impairment, a long-term health condition, or a mental health condition may be considered disabled under the Equality Act 2010 if the impairment has a substantial and long-term adverse effect on their day-to-day activities. Substantial means more than minor or trivial, and long-term means lasting or expected to last 12 months or more.
Key Duties of Schools Under the Equality Act 2010
Schools have several important legal duties under the Act. These apply to all pupils and potential pupils, including those applying for a place. The responsibilities fall on the responsible body of the school, which is usually the governing body or the academy trust. Staff and school leaders are expected to understand and implement these duties in their daily work.
Discrimination, Harassment and Victimisation
The Act prohibits three main types of unlawful behaviour. Discrimination can be direct, such as treating a disabled pupil less favourably than a non-disabled pupil because of their disability. It can also be indirect, where a school applies a practice or rule that puts disabled pupils at a particular disadvantage compared to others. Harassment is unwanted behaviour related to a protected characteristic that violates a pupil’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them. Victimisation occurs when a pupil is treated badly because they have made a complaint or supported someone else’s complaint about discrimination.
These protections apply to all areas of school life, including the classroom, the playground, school trips, extracurricular activities and even how the school communicates with you as a parent. If your child is being treated unfairly in any of these areas because of their disability or another protected characteristic, the school may be in breach of the law.
Reasonable Adjustments for Disabled Pupils
One of the most practical and important duties under the Equality Act 2010 is the duty to make reasonable adjustments. This duty applies to all schools and is designed to remove barriers that disabled pupils face in accessing education and school life. Schools must take reasonable steps to avoid a substantial disadvantage that a disabled pupil would otherwise experience compared to non-disabled pupils. This can include changes to policies, practices and procedures, the provision of auxiliary aids and services, and physical alterations to the school environment.
What counts as reasonable will depend on the circumstances, including the size of the school, the cost of the adjustment, the resources available, and the effectiveness of the adjustment in removing the disadvantage. The duty is anticipatory, meaning schools must think ahead about what disabled pupils might need, rather than waiting for a child to join the school or for a problem to arise. This duty applies even if your child does not have an Education, Health and Care Plan or a formal diagnosis.
Disability Under the Equality Act 2010
The definition of disability in the Equality Act 2010 is broad and covers many conditions that affect children with SEND. A physical or mental impairment includes learning difficulties, autism, attention deficit hyperactivity disorder (ADHD), dyslexia, dyspraxia, sensory impairments such as hearing or vision loss, epilepsy, diabetes, asthma and mental health conditions such as anxiety or depression, provided they meet the substantial and long-term test. The impairment does not need to be diagnosed by a doctor for the Act to apply, though evidence from professionals can help to confirm the condition and its effects.
If your child has a condition that fluctuates or is episodic, such as some mental health conditions or autoimmune disorders, the Act still covers them if the condition is likely to recur. The school must not focus solely on a label; they must consider the actual effect of the impairment on your child’s ability to carry out normal day-to-day activities. Activities include things like learning, concentrating, communicating, socialising, eating, dressing and moving around.
How the Equality Act Links with the SEND System
The Equality Act 2010 and the SEND legal framework work alongside each other. The Children and Families Act 2014 sets out the duties of schools and local authorities to identify and meet special educational needs, including through SEN support and Education, Health and Care Plans. However, the Equality Act 2010 provides an additional layer of protection by making it unlawful to discriminate against disabled pupils. Even if a child does not have an EHC plan, they still have legal rights under the Equality Act. If a child does have an EHC plan, the school must comply with both the plan and their equality duties.
This means that when a school fails to make reasonable adjustments or treats a disabled pupil unfavourably, parents can raise issues under the Equality Act as well as through the SEND system. It is often helpful to mention both pieces of legislation when writing to the school or local authority about your child’s needs. The Act also applies to further and higher education institutions, so your child’s protection continues beyond school.
What Parents Can Do If Their Child's Rights Are Not Respected
If you believe your child has been discriminated against, harassed or victimised at school, or that the school has failed to make reasonable adjustments, you have several options. First, raise your concerns directly with the school. Many issues can be resolved through a calm, evidence-based conversation with the class teacher or the school’s SENCO. You may wish to put your concerns in writing and refer to the Equality Act 2010 explicitly, explaining how the school may have breached its duties.
If the school does not resolve the issue, you can make a formal complaint using the school’s complaints procedure. If that does not lead to a satisfactory outcome, you may consider complaining to the Department for Education or, in cases of disability discrimination, taking the matter to the First-tier Tribunal (Special Educational Needs and Disability). The Equality and Human Rights Commission also provides guidance and can take enforcement action in some circumstances. It is a good idea to keep a written record of all communications, incidents and decisions, as this will strengthen your case.
Frequently Asked Questions
Does my child need a medical diagnosis to be protected under the Equality Act 2010?
No, a formal medical diagnosis is not required for the Act to apply. The definition of disability focuses on whether your child has a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. Evidence from teachers, support staff or other professionals can help demonstrate this, even without a clinical label.
What is the difference between SEN support and the Equality Act duty to make reasonable adjustments?
SEN support is a framework under the Children and Families Act 2014 for identifying and meeting special educational needs through a graduated approach. The duty to make reasonable adjustments under the Equality Act 2010 is a separate legal obligation that applies to all disabled pupils, including those who do not have SEN. Both duties can apply to the same child, and schools must meet both sets of requirements.
Can I challenge a school’s decision about reasonable adjustments?
Yes, you can challenge a school’s decision if you believe they have failed to make reasonable adjustments or that the adjustments made were insufficient. Start by raising the issue with the school in writing, referring to the Equality Act 2010. If the school does not respond appropriately, you can follow the formal complaints procedure or consider applying to the First-tier Tribunal for a disability discrimination claim.
Does the Equality Act 2010 apply to independent and private schools?
Yes, the Act applies to all schools, including independent schools, academies, free schools and maintained schools. The responsible body for each type of school has the same legal duty not to discriminate against, harass or victimise pupils or potential pupils, and to make reasonable adjustments for disabled pupils.
What should I do if my child is being bullied because of their disability?
Bullying related to a disability may amount to harassment under the Equality Act 2010 if it violates your child’s dignity or creates a hostile environment. You should report the bullying to the school immediately in writing and ask for their anti-bullying policy. The school has a duty to take action. If they fail to do so, you may have grounds for a discrimination claim.
Final Thoughts
Understanding your child’s legal rights under the Equality Act 2010 can help you recognise when a school should be making reasonable adjustments, removing barriers and treating your child fairly. If you are concerned that your child is not being properly supported, it may help to read our guides on reasonable adjustments for SEND children and Equality Act 2010 disability discrimination in schools. Where concerns about discrimination sit alongside unmet special educational needs, you may also find it useful to explore SEN Support vs EHCPs and do I need an EHCP?. If you believe the school has failed in its legal duties, our guide on how to make a disability discrimination claim against a school can help you understand the next steps.