Guidance

A guide for how to claim for disability discrimination: SEND4

Published 23 March 2026

Introduction

This guide gives information about disability discrimination claims against a school. It includes practical guidance about common complaints. 

It is not legal advice, and the tribunal will consider each case individually.

Read our guidance about finding legal advice and information.

Everyone involved in the claim can read the further guidance in the practice directions about the legal rules and the practice directions about what to expect during a case.

Disability discrimination claims are heard by the First-tier Tribunal Health Education & Social Care Chamber (Special Educational Needs and Disability).

The references in this guide to ‘claimant’ means the person making the claim.

Claims are made against the responsible body of a school. This guide will refer to this as the ‘school’ and they are the respondent in the case.

Who you can claim against

You can claim against a school in England if you think they have discriminated against a pupil, or a potential pupil because they have a disability under Section 6 of the Equality Act 2010. The school must be registered by the Department for Education (DfE), which includes: 

• local authority-maintained schools 
• academies 
• free schools 
• alternative provision academies 
• independent schools

Check if the school you want to claim against is registered.

Who you cannot claim against

The tribunal cannot hear claims against:

• universities, further education colleges, 16 to 19 academies, nurseries or early years providers that are not part of a school or maintained by the local authority 
• local authorities
• schools in Wales, Scotland or Northern Ireland

Contact the school, college or local authority to ask how to start your complaint if you’re not sure.

Disability discrimination claims cannot be made about local authority decisions about education, health and care (EHC) needs assessments and EHC plans. You may be able to appeal against the local authority’s decision if your complaint is about their decision about a child or young person’s EHC needs assessment or plan.

Who can make a claim

The person who can make a claim depends on the age of the child or young person the claim is about and when the claim is received by the tribunal. 

If the claim is made before the child or young person has reached school leaving age, the parent (or person with parental responsibility) must make the claim. 

A pupil reaches school leaving age at the end of the academic year (the last Friday in June) in which they turn 16 years old. In most cases, that will be almost at the end of Year 11.

If the child or young person has reached school leaving age, they must make the claim themselves. They can still name a parent as a representative to help them with completing the claim form, communicating with the tribunal, and representing them at any tribunal hearings. 

If the child or young person reaches school leaving age after the claim is made and before the claim is decided, the tribunal may discuss with the parent if the claimant should be changed to the young person.

If a claimant (either a parent or young person) does not have mental capacity to make a claim, an ‘alternative person’ may be able to make the claim on their behalf. This could be someone like an advocate or other representative, friend or relative. The tribunal would need to agree that the claimant does not have the mental capacity to make the claim themselves.

Time limits to making a claim

General time limits for claims

There is a strict time limit for making a claim. You cannot claim more than 6 months after the date of the conduct being complained about.

This means a claim must be received by the tribunal by 5pm the day before the 6-month period ends after the alleged discrimination.

This means a claim must be received by the tribunal by 5pm the day before the 6-month period ends after the alleged discrimination.

For example, if you intend to claim about a detention given on 10 January, the tribunal must receive the claim by 5pm on 9 July of the same year; or if you intend to claim about a 1-day suspension given on 23 September, the tribunal must receive the claim by 5pm on 22 March of the following year.

If the deadline for the tribunal receiving the claim falls on a non-working day (such as a bank holiday or weekend), the claim will be in time if it is received by 5pm the next working day.

Permanent exclusion claims

If the child or young person is permanently excluded, the headteacher’s exclusion decision must be reviewed by the school’s governing body. The governing body must review the exclusion and either uphold it or reinstate the pupil.

If the governing body upholds the exclusion, the claimant can ask the local authority to set up an Independent Review Panel (IRP) to review the exclusion decision. The decision letter will tell you how to do this. The IRP can either uphold the exclusion decision or send the case back to the governing body for reconsideration. If the exclusion decision is sent back to the governing body, it can either uphold the exclusion or reinstate the pupil.

The time limit for permanent exclusions is the day before (by 5pm) the 6-month period from the date of the final decision in the process. For example:

1. A pupil is permanently excluded on 20 September.
2. On 2 October, the governing body upholds the exclusion decision. You do not ask for an IRP so the deadline for the tribunal receiving the claim is 5pm on 1 April the following year.
3. If you ask for an IRP, and the IRP decides to uphold the decision on 25 October, the deadline for the tribunal receiving the claim is 5pm on 24 April the following year.
4. If the IRP does not uphold the exclusion decision and sends the case back to the governing body for review, the governing body make their decision. If the governing body decides to uphold their decision on 10 January, the deadline for the tribunal receiving the claim is 5pm on 9 July of the same year.

Conduct over a period of time

The 6-month time limit starts after the alleged discrimination ends. For example, if a school puts a pupil on a reduced timetable, you can claim while the timetable is still happening, or within 6 months (minus one day) after the timetable stops.

Failure from the school to do something

The 6-month time limit starts from when the school decides not to do something. If there is no decision (for example, when a parent asks the school to do something or provide something), the alleged discrimination happens until the decision is made. The tribunal may consider the 6-month time limit to start when the school was reasonably expected to make the decision.

For example, a parent asks the school to make adjustments to its uniform policy so that their child does not have to wear a tie. The time limit for making a claim starts from when the school refuses that request.

If it does not make a clear decision on the request, the time limit starts from when it became clear that the school was not allowing the pupil to attend school without a tie (such as giving a punishment for not following uniform policy).

In other cases, it is from when the school could have been expected to make a decision. This is likely to need careful consideration as part of a claim.

Accepting claims that are out of time

The tribunal can accept late claims in exceptional circumstances with strong reasons. If you are making a late claim, you must explain why it is late in detail in the claim form and give your reasons why the tribunal should accept it late.

What is a disability

Disability is defined in section 6 of the Equality Act 2010. It means a physical or mental condition which has a substantial and long-term negative effect on a person’s ability to carry out normal day-to-day activities. Substantial means more than minor or trivial and long-term usually means 12 months or more.

A person will automatically be considered as disabled if they have:

• cancer
• HIV
• multiple sclerosis
• certified or registered partial sight or blindness

A person will not be considered as disabled because they:

• wear glasses (if this is the only difficulty)
• have regular or temporary conditions such as hay fever or broken bones
• have addictions to alcohol, tobacco and drugs

Other than those things, it is necessary to determine on a case-by-case basis whether a person has a disability. The existence or absence of a diagnosis of an impairment can be important but does not necessarily establish whether a person has a disability. It will be necessary to consider how an impairment affects a person in a practical sense.

Depending on the condition, the tribunal may or or may not need to see a formal diagnosis from a medical professional.

Types of disability discrimination claims

Admissions (independent schools only)

According to the law, the tribunal can only deal with claims against admission arrangements or decisions in independent schools.

It cannot deal with claims against:

• local authority maintained school
• academies
• free schools

There are other ways to appeal in these cases. Ask the local authority or school how to appeal against admission decisions in these cases.

Provision of education and access to a benefit, facility or service

A school or education provider must not discriminate in the education and services it provides for disabled pupils. This is for all parts of school life including: 

• teaching (except adult education that happens on the same premises) 
• what happens at lunchtime and other breaks 
• after-school clubs and activities 
• school trips

Exclusions

Schools must not discriminate against disabled pupils in how they give suspensions and exclusions. This does not mean that a disabled pupil can never be suspended or excluded.

The tribunal will consider whether the suspension or exclusion has happened because of their disability.

For example, a pupil might act badly in class because they cannot control their emotions due to autism or ADHD. The tribunal will consider whether the exclusion or suspension was appropriate in achieving a legitimate aim (such as making sure it was a safe and appropriate learning environment for others and followed the school’s behaviour policy).

The tribunal looks at issues like:

• how much support the school gave the pupil to avoid the behaviour
• the harm to other pupils and staff
• the disruption caused by the pupil

Main types of discrimination

The law defines different types of discrimination. The claimant must show how their complaint fits into one or more of these types. Simply being unhappy with a school is not enough — they must show what makes it discrimination.

Unfavourable treatment because of disability (Section 15)

This is where a school treats a pupil unfavourably or unfairly because of something happening due to their disability.

Unfavourable treatment means putting someone at a disadvantage in a way that is more than minor. Each case depends on its own facts, but it can include punishments (such as exclusions, suspensions and detentions), stopping a pupil from joining school events or trips, or limiting their education (such as giving them a reduced timetable).

Unfavourable treatment is not always discrimination. The tribunal must agree that it was linked to the pupil’s disability, and that the school knew (or should reasonably have known) about the disability. Unfavourable treatment can still be lawful if it is a fair and appropriate (sometimes called ‘proportionate’) way of meeting a legitimate aim.

For example, if a school suspends a pupil for disruptive or dangerous behaviour, the tribunal would consider:

• whether the pupil was disabled
• whether the behaviour was linked to the disability
• whether the school knew about it

If so, the school may argue that suspension was appropriate to protect the safety and calm of the school. The tribunal would then decide if that response was appropriate.

Failure to make a reasonable adjustment (Section 20)

This can happen in 2 ways.

Provision, criterion or practice (‘PCP’ under the Equality Act)

This is where the school has a standard way of doing things that puts disabled pupils at a significant disadvantage compared to non-disabled pupils. The school must make reasonable adjustments to remove the disadvantage. You must identify the relevant PCP and explain why it puts disabled pupils at a significant disadvantage.

For example, if a pupil has ADHD and finds it hard to wear a tie, a parent could ask the school to agree to relax the uniform policy for the pupil. If the school refuses, the parent must explain why the uniform policy to wear a tie puts disabled pupils at a disadvantage, and what that disadvantage is. The tribunal would consider whether school had done what was reasonable to remove that disadvantage.

Auxiliary aid or service

This is where a disabled pupil needs support or items that the school does not provide. The claimant needs to say why not having the support or item put the pupil (and other disabled pupils) at a disadvantage compared to non-disabled pupils.

For example, a pupil with dyslexia may need a specialist laptop and speech and language therapy. The claimant must explain why not having these would put pupils with dyslexia at a significant disadvantage compared to non-disabled pupils, and what that disadvantage is. The tribunal would then consider whether it is reasonable for the school to provide them, considering cost and practicalities.

Most claims the tribunal sees are about unfavourable treatment or a school not making reasonable adjustments. Other types of discrimination exist, but they are harder to prove because the legal tests are strict.

Direct discrimination (Section 13)

This is where a school treats a disabled pupil less favourably than a non-disabled pupil. This type of discrimination is very hard to prove. The claimant must show the responsible body that another pupil, who only differs in being non-disabled, was treated more favourably. The pupil being compared to the disabled pupil must have the same behaviour or traits, but for reasons unrelated to disability. For example, if a disabled pupil was not able to attend school, the tribunal would consider how that pupil was treated in comparison to a non-disabled pupil who was not attending school.

Indirect discrimination (Section 19)

The tribunal rarely considers disability claims as indirect discrimination, because the same facts are usually dealt with more simply as a failure to make reasonable adjustments or provide support (auxiliary aid or service).

Harassment (Section 26)

A school must not violate a pupil’s dignity or create an intimidating, hostile, humiliating or offensive environment because of their disability.

Victimisation (Section 27)

A school must not victimise or punish a pupil because they, their parent or sibling do a ‘protected act’. A protected act includes making a claim under the Equality Act, or alleging that the school has discriminated in breach of the Act.

Mediation

Before making a claim, you may want to consider mediation as an alternative, less formal way of resolving your dispute.

Mediation is where an independent organisation helps you and the school negotiate and reach an agreement without going to a tribunal.

If you try mediation and do not make an agreement, you can still make a claim to the tribunal if it is received within the 6-month time limit.

Claimant’s obligations

The tribunal will expect you to prepare for making a claim, or consider getting help to do this, so that you can help the tribunal achieve the ‘overriding objective’.

It will expect you to prepare by:

• reading this guide and tribunal practice directions so you know the discrimination you are claiming according to the law
• complying with instructions or directions given by the tribunal and within its deadlines
• cooperating with the tribunal and with the school to clarify the issues being disputed
• complying with any tribunal order restricting publicising or reporting of any part of the claim to protect the identity of the pupil

The school’s obligations

The respondent school may not know about the claim until the tribunal sends them an order. The tribunal may ask the school to respond to the claim.

The school must:

• confirm the responsible body and the right respondent to the claim
• name the person who is authorised to represent it in the case
• respond to issues in the claim and any other issues the tribunal asks for
• provide relevant evidence (including written evidence) from any person attending the hearing
• combine all relevant documents and information given by both parties to prepare and submit the list of hearing documents (sometimes called a hearing ‘bundle’)

The respondent school can use legal representation.

The tribunal can order that the respondent does not participate in the case if it does not comply with directions or does not cooperate with the tribunal or the claimant. If the tribunal orders this, it can decide the case with just the claimant’s case, with or without a hearing.

After you make a claim

When you submit a claim, the tribunal will give you an estimate of how long the tribunal will take to complete an initial review of it. It is usually 2-3 months but this can be longer in busy periods. It can take at least 12 months after your claim is received for your final hearing to happen.

Timescales are faster if your claim is about permanent exclusion. The tribunal will treat these urgently, and it will contact you within 2 weeks.

The claim will first be considered by a judge who will decide which (if any) allegations of disability discrimination should be admitted for consideration by the tribunal. The judge will issue either: 

• an Admission Order admitting all or part of the claim for consideration and give out further case management directions

• a Proposed Strike Out Order proposing to strike out (end) the claim and giving the claimant an opportunity to respond to it

The tribunal can strike out all or part of the claim where: 

• it does not have power to deal with the dispute 
• the claim is not explained clearly 
• the claim has no reasonable chance of success 
• the claimant does not comply with directions or does not cooperate with the tribunal or school

If the tribunal accepts the claim for consideration, the parties must comply with the deadlines given in the orders and directions.

In some cases, the tribunal will arrange a ‘case management hearing’ by phone or video to discuss or clarify the claim.

The judge will give the reasons in the case management directions.

The hearing

Who can attend and who’s on the hearing panel

Both parties can attend the hearing and be legally represented at it. Claimants may ask that somebody else attend to support them in the hearing. In addition to any legal representation, the responsible body will typically need to be represented by a member of the governing body or representative from the trust (or by some other person authorised to represent the responsible body).  

Both parties may call witnesses, if those witnesses have been named on the attendance form and if they submitted written evidence. Typically, there should be no more than 5 witnesses for each party (2 in fast-track cases), but the tribunal will decide this based on your case.  

It may be possible for the child or young person to attend the hearing but the tribunal will need to agree to this. The child or young person will not normally be allowed to remain for the whole hearing and so it is important that the claimant has made arrangements for child care or supervision on the day of the hearing.

The tribunal hearing panel includes 1 judge and up to 2 specialist members. The specialist members are selected from a publicly appointed panel of people for their experience and expertise of working with children and young people with special educational needs and disabilities.

The tribunal panel are impartial and will make sure that the key issues are considered within the listed hearing time. It is very important that you comply with any directions from the panel.

The panel will normally: 

• confirm the issues to be decided 

• deal with any preliminary or case management issues 

• explain the relevant law 

• explain what will happen in the hearing 

• hear from, and question witnesses (and allow others to question witnesses) 

• allow the parties to make closing statements

How long a hearing can take

Hearings can last up to a day (from 10am to 4pm) and are generally held remotely by video. The tribunal will send instructions on how to attend the hearing remotely. 

If either party thinks they need more time, or that they want to attend in person (for example, because of a disability or reasonable adjustment), they need to ask the tribunal and explain why as soon as possible.

After the hearing

The tribunal will send their written decision to you (or the named person on the claim form) within 10 working days after the hearing.   

In fast-track claims, the tribunal will try to give you a decision on the day of the hearing and a written decision on the same day or within 5 working days.  

If the tribunal finds that there was unlawful discrimination, they will say this in their decision and can order the responsible body to provide a reasonable solution. The tribunal cannot make an order for financial compensation. The responsible body must provide the solution within the time given by the tribunal if an order is made.  

A reasonable solution could include:  

• training school staff  

• making new guidance for staff  

• change to school policies  

• extra tuition to make up for lost learning  

• changing the location of lessons or activities (but not changing physical premises)  

• admission of your child to an independent school if the school had previously refused  

• a written apology to your child  

• trips or other opportunities to make up for activities that your child may have missed  

• an order to reinstate your child, in the case of permanent exclusion

If the responsible body does not comply with the decision from the tribunal

If the responsible body does not comply with a tribunal order, and cannot give reasons why, the tribunal cannot enforce the decision. You can also complain to the Department for Education.

Withdrawing your claim

You can withdraw your claim, but you must ask the tribunal. If you are withdrawing less than 10 working days before the hearing, you must tell the tribunal why the withdrawal application is late.

If you disagree with the tribunal’s decision

If you think the decision is wrong in law or there is another reason why the tribunal should consider its decision, you may be able to appeal to the Administrative Appeals Chamber of the Upper Tribunal. You must first apply to the First-tier Tribunal for permission to appeal.  

You must appeal so the tribunal receives an appeal within 28 days from the date printed on the decision letter from the tribunal. If you appeal later than 28 days, you must ask for an extension of time and give reasons why your appeal is late. The Upper Tribunal will consider your reasons and tell you if it can consider your appeal.  

If you or the responsible body ask for permission to appeal the original tribunal decision, the decision remains valid until a decision is made on the new appeal.  

The tribunal will send you more detailed guidance on how to appeal the decision when you get your initial decision letter.