A: Discrimination arising from a disability (e.g. if a school refuses to let a child go on a school trip as they are physically disabled), direct discrimination (e.g. refusing entry for a pupil on the ground of their disability) and indirect discrimination (where a school does something which applies to all pupils but which is more likely to have an adverse effect on disabled pupils), are all unlawful under the Equality Act 2010, provided there is no "objective justification" for the discrimination, as defined in the act.
To take action against perceived discrimination, the student or their parent/s should discuss the incident with the head teacher, speak to the governing body, and follow the education provider's written complaints procedure. If this does not resolve the issue, the student or their parents can contact the local authority (for maintained schools) or education funding agency (for an academy). She can also make a claim for unlawful discrimination through the Special Educational Needs and Disability Tribunal (SENDIST). If the Tribunal finds that a school has discriminated unlawfully against her, it cannot award financial compensation, but may order the school to take particular actions, such as training of staff, drawing up guidance, changing policies, and changing lesson locations.
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