Sample Solution

Indirect discrimination as per the EA (2010) can have effects on SEN students within mainstream schools. This form of discrimination applies to disability (and gender reassignment). ‘Broadly, this means that it is unlawful to apply a policy or practice that puts those who share a protected characteristic at a particular disadvantage’.According to The Equality and Human Rights Commission (2010) if a school puts into place a policy or practice which applies to all children but which is a disadvantage to children with disabilities, then indirect discrimination will have been deemed to have occurred if the school cannot show that the policy is justified.. An example might be a school having a rule that all pupils must be able to make their own way to and from after school clubs independently. There are certain disabled and SEN students who would find this task difficult, therefore this is indirect discrimination.

Harassment is also prohibited under the EA (2010) and the act states clearly that there are three types of harassment against disabled students that are not allowed. The EHRC Creating a fairer Britain (2010) describes harassment, which is now prohibited as the following;

• Harassment related to a relevant protected characteristic is unwanted behaviour and which has the purpose or effect of violating a pupil’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for the pupil. In the case of most schools this will include disability, race and sex.