The Equality Act 2010 stipulated that it was the duty of educators to ensure that SEND pupils enjoyed the same opportunities as all other pupils. The Act made it illegal, supplementing previous acts, for an individual to be discriminated againist due to their disability. This was reinforced further by the Every Child Matters policy, which ingrained the fundamental principles of equality and fairness into all child and education services in the UK.
However in this climate of austerity, with a large percentage of schools claiming that their SEND resources are pushed to breaking point, more and more institutions are failing in their duties to SEND students.
Bradford based Thornton Primary is in the news this week for refusing to take a SEND student on a three day residential trip to Ingleborough Hall in July. The student’s mother has contacted the press, DfE and police, accusing the school of actively and shamelessly discriminating againist her son. Mrs Richardson stated that if his exclusion ‘was due to bad behaviour’ she could accept it, but she believes that ‘this is far from the cause’, citing safeguarding inadequacy and discrimination. She has accused the school of refusing to see her and answer her questions, arguing that this is further evidence that they are aware of the injustice, and illegality, of their actions. Mrs Richardson claims she has offered to accompany him on the trip and has researched funding additional care herself, due to school failings.
‘He is sitting through lessons building up to the trip knowing he won’t be going if they have their way’ said Mrs Richardson, ‘I just want my son to have the correct care […] and to be included.’ The school has released a statement claiming that their decision was based on health and safety considerations and that they will endeavour to accommodate her son for one day on the trip.
Mrs Richardson has said that this is simply not good enough and still amounts to discrimination. The school must be able to explain, justify and evidence thoroughly that no lesser practical step would be effective in achieving the aim of health and safety on the trip, for the decision to be legal.
It is a key focus of the current government and a key inspection point of Oftsed, to ensure that equal opportunities are promoted in all elements of education and for all students. Handsam can help you with these considerations to ensure you are fully prepared and fully compliant.
Schools should remember the following during trip planning to promote and achieve full inclusion. Research locations, access and activities thoroughly and contact the venue, so that everyone is fully informed as to what is required for a successful trip. Conduct a robust risk assessment, liaising with those students who may require extra care and their parents. Make sure you have the correct staff to child ratio, and correctly trained support for SEND students.
No child should feel excluded and it is the responsibility of the educator to promote equality and inclusion.
