What to do when things go wrong with SEND

A child or young person is disabled under the Equality Act 2010 (section 6) if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

1. Is there a physical or mental impairment?
2. Does the impairment have an effect on the child or young person’s ability to carry out normal day-to-day activities? Is the effect substantial? 
3. Is the substantial effect long-term?

View: Guidance on matters to be taken into account in determining questions relating to the definition of disability

There are different types of disability discrimination. View:

• Types of disability discrimination | (IPSEA) Independent Provider of Special Education Advice
• For early years settings: Disabled children and the Equality Act - early years’ settings and Disabled Children and the Equality Act 2010: What Early Years providers need to know and do (PDF, 984 KB)
• For schools: Disabled children and the Equality Act and schools
• For further education colleges: Discrimination in Further Education | Disability charity Scope UK
• The Equality Advisory and Support Service website has a very useful interactive checklist: Advice and Support - Equality Advisory and Support Service (equalityadvisoryservice.com)

In particular, try to be clear about:

• which provision, practice or criteria was discriminatory? What was done which was unfair?
• was there a failure to make a reasonable adjustment which caused your child to be disadvantaged compared to non-disabled children? Could something have been done to help?
• was your child significantly impacted by this disadvantageous treatment? How did the unfair action affect your child?

You could email the head or principal of the setting, school or college to ask for a meeting to discuss your concerns. Try to appear as reasonable as possible, your concerns are more likely to be dealt with effectively if you:

• set your concerns out briefly and clearly
• avoid angry language
• avoid blaming anyone for what has happened
• explain what the provider can do to make things better

Before the meeting, make a short list or notes of what you want to say, as these will help you to remember. You will need to talk about what has happened which has caused your concern, but the focus should be on the future. Take a friend with you for moral support.

View the complaining process.

This is for schools and early years settings or the Education, Skills and Funding Agency (EFSA) for further education colleges.

You can forward your complaint beyond the school, setting or college if you feel your concerns have not been addressed. View: Complaining to the Department for Education about a school or college | (IPSEA) Independent Provider of Special Education Advice

This should be a last resort. View: Things to consider before making a claim | (IPSEA) Independent Provider of Special Education Advice

This will be using:

1. the SEND Tribunal if the alleged discrimination took place in a school or
2. using the County Court if it happened elsewhere.