Sample Solution

action must be taken to address any SEN issues and support these students in accessing and achieving their potential.

What does the Equality Act require of schools?

According to The Sec Ed (2013) the EA will have an important effect with regards to SEN as it covers all aspects of school life to do with how a school treats pupils and prospective pupils, parents and carers, employees and members of the community Schools have to make sure all policies, procedures and the ethos of the school must be fair, and comply with the EA by being non-discriminatory and ensure that no protected characteristic is not put at a disadvantage. These means that any school must not discriminate harass or victimise a pupil or potential pupil.
Schools now have to use the EA in relation to:-

• Admissions
• The way it provides education for all pupils
• How it provides pupils access to any benefit or service
• Excluding a pupil or subjecting them to any other detriment

How has the EA effected Admissions for SEN students schools?

Provision under the EA (2010) states that admission arrangements for all students must be fair and not unfairly discriminate either directly or indirectly, a child with a disability or SEN. This clearly means that all schools must develop policies and practices that will promote equality for all students including those protected by the EA. According to (Hills 2012 p37) ‘It is never unlawful discrimination to treat a pupil with a disability more favourably than a non-disabled pupil because of their disability’. Students with SEN, who do not have a statement, must be educated in mainstream schools apart from exceptional circumstances. The Code of Practice (2001) when discussing school admissions states that admission authorities should not make ‘subjective judgments’.This means that an admission should not be made on a