Reasonable adjustments
Reasonable adjustments are the changes a school, employer or someone providing a service must make so that disabled people can do something.
Adjustments could be things like:
- getting notes or information in advance of classes
- alternative formats for learning materials (for example, large print, audio, or braille)
- equipment or aids, such as BSL interpreters, scribes, or specialist computer equipment
- one-to-one support
- accessible rooms and venues, such as having a quiet space
For further information on adjustments, see the Disability Rights UK Factsheet Adjustments for disabled students and apprentices or Education Hub's blog What are reasonable adjustments and how do they help disabled pupils at school?
Expectations on nurseries
All state-maintained nurseries must use best endeavours to ensure that the educational needs of children attending the nursery are identified and met as quickly as possible. This means that they must do everything they can to meet and identify a child's needs.
The nursery should have a detailed policy about the support available.
Expectations on schools
Surrey County Council have produced guidance which sets out expectations on schools and strategies and support available to support children with additional needs through ordinarily available provision (OAP).
The term 'ordinarily available provision' comes from the special educational needs and disability (SEND) Code of Practice and refers to the support that mainstream schools or settings should be able to provide for a child or young person through their agreed funding and resource arrangements.
When schools must make reasonable adjustments
School's must make reasonable adjustments for all activities and the decisions that are made by teachers and staff including:
- admissions
- exclusions
- access to school trips
- school facilities
- help and support in school
- learning activities and materials
Expectations on education and training providers colleges, traineeships and apprenticeships
Colleges and other education placements such as traineeships and apprenticeships, have a legal duty to try to remove the barriers faced by an individual because of disability.
Reasonable adjustments help make sure the individual gets the same access to education or opportunities as anyone else. The way in which each education or training provider puts in place reasonable adjustments and access arrangements will be contained in their policies and guidelines.
When Post-16 Education providers must make adjustments
When a child or young person is disadvantaged by a practice or rule because of their disability or the failure to provide an aid, and it is reasonable to make the changes or provide the aid to remove the disadvantage they must do it.
This relates to all education and training providers. The law sets out in detail what services must do and this includes making reasonable adjustments where applicable.
Requesting reasonable adjustments
Anyone can ask for adjustments if they need them. But to have legal rights to reasonable adjustments, you will need to be defined as 'disabled' under the Equality Act 2010. This usually means how your condition affects you, not what your condition is.
Speak to the school or educational setting about what additional needs you or your child or young person has, and what the impact of these are on their life, including education. Explain what you think would help (what adjustments could be made).
Ask the education or training provider (e.g. school or college) to:
- make changes or adaptations to the way things are done, for example to make an exception or adjustment to a policy, rule, or practice.
- provide extra aids or services, for example, extra staff assistance, a BSL interpreter, specialist equipment like an induction loop or an adapted keyboard.
Citizens Advice has more information on their website about Showing you're disabled under the Equality Act (2010).
Reasonable adjustments without an Education Health and Care (EHC) plan
If you don't have an EHC plan, and you require adjustments or adaptations you can request these from your education or training provider. You may need to follow certain procedures and/ or provide evidence of your needs, for example an educational psychologist's report.
In the first instance you should speak to the appropriate member of staff, for example the Special Educational Needs Co-ordinator (SENCO), disability adviser or exams officer. Explain what your needs are, how they impact you and what adjustments you need. If needed, they should be able to explain how to make a formal request in line with their local policies and procedures.
Reasonable adjustments with an EHC plan
If you have an EHC plan the provider and the Local Authority (LA) have certain legal duties to ensure that the provision set out in the EHC plan is being delivered.
The LA provide a copy of your EHC plan to your provider and your Case Officer can discuss with them how they can meet your needs and what provision you need in place including reasonable adjustments.
If the placement or setting is named in your EHC plan, they have a legal duty to deliver the provision. If they are not able to do this, they must let you and the LA know and explain why, they would do this through an EHC plan review. See Information about reviews for more details on this process.
Help to ask for adjustments or raise a concern
There are many charities and organisations that can support parents or carers and young people, see Help for families and young people during the EHC plan process.
If you are young person, you can get support from an Advocate.
You may also find it helpful to understand your rights under the Equality Act.
Discrimination
Discrimination is when someone treats you differently, unfairly, or worse because of your needs, age, being disabled, your gender, gender identity, being married or in a civil partnership, being pregnant or having a child, your religion or beliefs, your race, skin colour or where you were born or your sexuality.
If you believe a child or young person is being discriminated against by their school because of their needs or disability, you should follow the steps laid out on the government website to Complain about a school (disability discrimination).