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Video: Disability Discrimination Claims Against Schools in the SEND Tribunal

In this video our education and discrimination law experts Graham Vials and Tom Shears talk about disability discrimination claims against schools in the SEND Tribunal

Watch out for their tops tips on how to put yourself and your school in the best position to avoid and, if necessary, defend SEND Tribunal claims.

Who this recording is for: 

  • Headteachers
  • Senior leaders in multi-academy trusts
  • SENCOs
  • Governance, operational and HR professionals who may have responsibility for these matters

The number of disability discrimination claims brought against schools in the SEND Tribunal increased by 16% in 2021/2022, reflecting a growing trend which is likely to continue.

These claims can be brought by parents of children with special educational needs and/or physical conditions which may constitute a disability under the Equality Act 2010. They can relate to almost any form of perceived unfair treatment in school, with the most common claims related to permanent exclusions, suspensions, failure to follow EHCPs and failure to make reasonable adjustments. Claims can be brought against all types of schools and certain nurseries, and there is no cost to parents in bringing claims.

The prospect of a Judge poring over documents and scrutinising decisions can be a frightening one for school leaders, particularly where it could lead to a legal finding of disability discrimination against their school.

Watch the Video

If you would like to view the slides used throughout the video, please click here to download them.


Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

This page may contain links that direct you to third party websites. We have no control over and are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those sites or for the treatment of any personal information you provide to the third party.

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Tom Shears

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+44 (0) 774 040 5735

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