The Reasonable Adjustment Project

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Disability Discrimination







Act
Access Planning Duty
SEN Framework
The reasonable adjustments duty
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Definition of disability in DDA A physical or
mental impairment with an adverse effect on the
persons ability to carry out day-to-day
activities. Effect must be - substantial -
long-term
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To fall within the Act, a person must be
substantially affected by their disability in one
of the following ways

• Mobility

• Manual dexterity

• Physical co-ordination

• Ability to lift, carry or otherwise move everyday
  objects

• Continence

• Speech, hearing, eyesight

• Memory or ability to learn, concentrate or
  understand

• Perception of risk or physical danger.

• For the purposes of definition, ignore the
  effects of medical or other treatments or aids
  and appliances.

Substantial means not trivial.
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Definition From December 2005
Some progressive conditions covered from the
point where the person knows they have a
condition Cancer HIV Multiple Sclerosis Mental
Impairment clinically well recognised criteria
is removed.
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Department Work and Pensions

• Guidance on matters to be taken into account in
  determining questions relating to the definition
  of disability
• www.drc-gb.org

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What percentage of children may count as
disabled? a) 5 b) 7 c) 10 d)
18 e) 30
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Possible overlap of SEN and DDA disability
definition for children and young people.
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What are reasonable adjustments?

• Reasonable adjustments are the steps schools must
  take to enable disabled pupils to participate in
  the life of the school

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The reasonable adjustment duty

• The responsible body for a school
• must take reasonable steps to ensure that
  disabled pupils are not placed at a substantial
  disadvantage
• discriminates against a disabled pupil if it
  fails to take these reasonable steps to the
  detriment of the pupil and without justification

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The responsible body is not required to

• Provide auxiliary aids or services these are
  covered by the SEN framework
• Remove or alter physical features these are
  covered by the separate accessibility planning
  duty under the DDA

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What is substantial disadvantage?

• Need to consider
• time and effort
• inconvenience
• indignity or discomfort
• loss of opportunity or
• diminished progress for a disabled pupil

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Factors that may be taken into account in
deciding what adjustments to make

• need to maintain standards
• financial resources available
• cost of a particular step
• practicability
• extent catered for under SEN framework
• health and safety
• interests of other pupils

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Admissions, exclusions and education and
associated services. This includes the
curriculum teaching and learning classroom
organisation breaks and lunchtimes school
policies school clubs and activities homework a
ssessment and exam arrangements timetabling scho
ol trips exclusion procedures ... the whole
life of the school
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Claims for Disability Discrimination due to lack
of reasonable Adjustment to SENDIST upheld in
2004-2005

• Type of Adjustment
• Total 44
• Trips 11-----------25
• Discipline 6- -----14
• Curriculum 4 -----9
• Bullying 2
• Incontinence 2
• Equipment 2
• Hours 2
• Behaviour 1
• Meal Break 1
• NA 3

• Type of Disability
• Ability to Learn31..70
• Mobility.3 ---7
• Progressive Illness-2
• Memory..2
• Eyesight .1
• Continence..1
• NA 3

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Disability Discrimination claims upheld so
far.some issues

• assumptions about disabled pupils
• risk assessments
• administration of medicines
• school trips
• behaviour related to disability
• bullying and isolation from peers
• access to the curriculum
• admissions

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Essential Viewing Activity

• On the pro-forma provided identify
• the reasonable adjustments
• the barriers they are designed to overcome

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What is on DVD 1?

• DVD 1 Essential viewing and other topics
• Essential Viewing, an introduction to the
  materials (25)
• Breaks, Lunchtimes and Clubs (1030)
• Educational Visits (16)
• Behaviour for Learning (26)
• Meeting Personal Care and Medical Needs (22)

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What is on DVD 2?

• DVD 2 Foundation stage and primary education
• Foundation Stage in maintained schools (19)
• Primary School Stories
• Primary School Stories Introduction (130)
• Goostrey Community Primary School (830)
• Billesley Primary School (730)
• Batheaston Primary School (8)
• Primary Education
• Primary Education Introduction (4)
• Curriculum and Planning (22)
• Teaching and Learning (1730)
• Deployment of Staff and Resources (22)
• Ethos and Whole School Development (23)

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What is on DVD 3?

• DVD 3 Secondary education
• Secondary school stories
• Secondary School Stories Introduction (1)
• Langdon School (11)
• North Leamington Community School and Arts
  College (16)
• Secondary Education
• Secondary Education Introduction (4)
• Curriculum and Planning (22)
• Teaching and Learning (21)
• Deployment of Staff and Resources (2230)
• Ethos and Whole School Development (2130)

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Essential Viewing Jake sports day
Barriers Reasonable Adjustment
Not knowing what to do Planning with pupil, parent, other agencies DfES CD-Rom
Cant access activities Parallel activities
Fear of risk Risk Assess Support of TA
Activities cause fatigue Re-order activities
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Reasonable adjustments

• What factors need to be present in a school
• to enable reasonable adjustments like those
• seen in the DVD to be made?

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• Reasonable adjustments Key
• factors
• vision and values based on an inclusive ethos
• a can do attitude from all staff
• a pro-active approach to identifying barriers and
  finding practical solutions
• strong collaborative relationships with pupils
  and parents
• a meaningful voice for pupils
• a positive approach to managing behaviour
• continued

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• Key factors continued
• strong leadership by senior management and
  governors
• effective staff training and development
• the use of expertise from outside the school
• building disability into resourcing arrangements
• a sensitive approach to meeting the impairment
  specific needs of pupils
• regular critical review and evaluation
• the availability of role models and positive
  images of disability

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Reasonable adjustments in the classroom-checklist

• Pre Planning Information
• What preparations have you made?
• Are lesson planned to support all learners?
• Are you using different teaching styles?
• Are prepared materials accessible?
• Have you thought about self presentation?
• How will you use support staff?
• How have you organised the classroom?
• How will you group pupils in the lesson?
• How will you deal with unexpected incidents?
• How will you ensure all pupils feel equally
  valued?
• How will you assess outcomes for all learners?