SEND Accessibility Strategy

Under the Equality Act 2010, a person has a disability ‘if they have 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.’ Disability includes physical and sensory impairments, mental health needs and learning disabilities.

The Equality Act 2010 acknowledges that a disabled person may need to be treated differently, to avoid considerable disadvantage. Taking reasonable steps to avoid this disadvantage is anticipatory, often known as the ‘reasonable adjustments duty’. Both local authorities and schools must adhere to this duty. Failure to make a reasonable adjustment is a form of discrimination.

The reasonable adjustments duty includes the following key elements: adjusting any provision, criterion or practice; plans to make buildings more physically accessible; and provision of auxiliary aids/equipment.

All local authorities have a legal duty to have an accessibility strategy for maintained schools, i.e. schools they retain responsibility for. This is a statutory requirement included in the Equality Act 2010 (under paragraph 1 Schedule 1). Whilst often related to children and young people who have special educational needs, the duty explicitly relates to those who have a disability.

The need for an accessibility strategy does not apply to academies. However, whilst the accessibility strategy requirement only relates to maintained schools, many of the supporting arrangements made by the Local Authority will also benefit disabled children and young people attending academies within the local area.

In addition to local authority responsibilities, all schools, including academies, must have an accessibility plan in place and this should be based on the same principles as a local authority accessibility strategy. As a rule, it is the Responsible Body for the school that has responsibility for the duties in the Equality Act.

All schools: "must prepare and publish a SEN information report and their arrangements for the admission of disabled children, the steps being taken to prevent disabled children from being treated less favourably than others, the facilities provided to enable access to the school for disabled children and their accessibility plan showing how they plan to improve access progressively over time.”

In addition:

• appropriate authorities, including all schools, must have regard to the statutory guidance set out in Supporting Pupils at School with Medical Conditions when carrying out their statutory duty to make arrangements to support pupils at school with medical conditions, including personal care
• schools are required to publish information in compliance with the Public Sector Equality Duty and set equality objectives