Have you heard of the Disability Discrimination Act? (DDA)

Thanks to the Disability Rights Commission we can provide all the information you will need….

Is your school open for all?

Q. My son has been refused admission to our local primary school because he has epilepsy. The school has told us that they will not take him until he stops having fits. What can I do?

A. You may be able to argue that your son is being discriminated against under the Disability Discrimination Act 1995 (DDA). Under the Act, education providers are not allowed to treat a disabled child less favourably for a reason related to their disability; without justification. In your case, the less favourably treatment would be refusing him admission to the school.


Is your school willing to help your child?

Q. My daughter has severe asthma which is made worse by exposure to chalk dust from blackboards. Her school has a number of classrooms with whiteboards. Can I ask her school to change her classes to these rooms under the DDA?

A. Arguably, yes. Under the DDA, education providers have a duty to make reasonable adjustments so that disabled pupils are not placed at a substantial disadvantage compared to their non-disabled peers. In this case, your daughter is being disadvantaged by the fact that she is having to use a classroom with a blackboard. It would seem a reasonable adjustment for the school to transfer her classes to rooms with whiteboards.


The above are just a couple of examples of how a disabled pupil might be discriminated against. The DDA (Disability Discrimination Act) has been extended to cover the provision of education since September 2002 to ensure that disabled children are not discriminated against while at school.

What school activities are covered by the DDA?
Every aspect of school life including:

• Admissions
• Education and associated services ( e.g. school clubs and trips)
• Exclusions (in Scotland, temporary exclusions or exclusion/removal from the register

What is not covered by the DDA in schools?
Provision of auxiliary aids and services is not covered by the DDA in relation to schools. It is envisaged that these will be delivered by the Special Educational Needs Framework.

The physical accessibility of schools is not covered by the DDA. Instead, this is covered by the Disability and Accessibility Strategies Act.

Who is responsible for the schools’ duties?
This will depend on the type of school involved. The following table illustrates who is responsible in relation to each type of school in Scotland.

Table 1: Responsible bodies in schools in Scotland

* Those responsible for the management of the school depending on the type of school.
** A grant-aided school is one that is receiving grants under section 73(c) or (d) of the Education (Scotland) Act 1980.


If you want to find out more about the DDA, the Disability Rights Commission ( DRC) produces a range of publications which give more information on the above, including a guide for parents on what their child’s rights are under the Act. These can be downloaded for free from the DRC website at www.drc-gb.org

The DRC is also working in partnership with the SPTC to produce a questionnaire for members on how best to raise awareness among parents about the rights contained in the DDA. Further details will be provided in the New Year edition of our Backchat newsletter.