Legal Basis: The Equality Act 2010
Under the Equality Act 2010, schools have a legal duty to make reasonable adjustments for disabled pupils. This duty applies to all aspects of school life, including the curriculum, physical environment, information provision, and access to activities.
A person has a disability if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. Many pupils with SEND will meet this definition.
The duty to make reasonable adjustments is anticipatory. Schools must plan ahead to remove barriers, not wait for individual pupils to request support.
Three Aspects of the Duty
The duty to make reasonable adjustments has three parts:
1. Changing Provisions, Criteria, or Practices
Schools must change policies, procedures, or usual ways of working where these disadvantage disabled pupils.
- Adjusting homework policies for pupils with processing difficulties
- Adapting behaviour policies for pupils with ADHD or autism
- Modifying uniform rules for sensory or medical needs
- Changing assessment arrangements
2. Providing Auxiliary Aids and Services
Schools must provide additional aids or services to help disabled pupils access education.
- Assistive technology (screen readers, text-to-speech software)
- Specialist equipment (writing slopes, pencil grips, coloured overlays)
- Additional staffing support
- Communication aids (visual timetables, communication boards)
3. Making Physical Alterations
Schools must make alterations to physical features of the premises where these create barriers.
- Installing ramps and lifts
- Widening doorways for wheelchair access
- Improving acoustics and lighting
- Creating sensory spaces
The Anticipatory Duty
The duty to make reasonable adjustments is anticipatory. Schools cannot wait until a disabled pupil is disadvantaged or makes a request. They must plan ahead to identify potential barriers and remove them in advance.
This means:
- Auditing physical access regularly
- Reviewing policies and practices for potential disability discrimination
- Building accessibility into curriculum design
- Ensuring staff are trained to support disabled pupils
- Maintaining a range of auxiliary aids ready for use
The anticipatory duty complements the individual planning required under the SEND framework.
Relationship to the SEND Code of Practice
Reasonable adjustments and SEND provision overlap but are distinct:
- Reasonable adjustments (Equality Act 2010): Legal duty to disabled pupils to remove disadvantage and provide equal access
- SEN provision (Children and Families Act 2014): Educational provision additional to or different from that made generally for others of the same age
Many pupils with SEND will require both reasonable adjustments under the Equality Act and SEN provision under the Children and Families Act. Schools must meet both duties.
The SEND Code of Practice requires schools to use their best endeavours to secure SEN provision. The Equality Act requires reasonable adjustments. These duties work together to support disabled pupils.
Examples of Reasonable Adjustments
Extra Time and Flexibility
- Extra time in lessons and exams
- Additional time between activities for transitions
- Flexibility in deadlines
- Breaks during lessons
- Time for rest or medical needs
- Adjusted timetables
Modified Materials and Presentation
- Enlarged print or large-screen displays
- Coloured overlays or paper
- Simplified language versions
- Visual supports and symbols
- Printed copies of board work
- Audio recordings of texts
- Braille or tactile materials
- Dyslexia-friendly fonts
Assistive Technology
- Speech-to-text software
- Text-to-speech readers
- Word processors and spellcheckers
- Audio recording devices
- Screen magnifiers
- Communication apps
- Electronic organisers
- Adaptive keyboards and mice
Alternative Recording and Response Methods
- Scribing support
- Oral responses instead of written
- Video or audio recordings
- Diagrams and mind maps
- Reduced writing requirements
- Use of laptop or tablet
- Photo evidence instead of written work
Physical Access and Environment
- Ramps and lifts
- Accessible toilets
- Adjustable furniture
- Quiet workspaces
- Sensory rooms
- Improved lighting
- Acoustic improvements
- Accessible routes around school
Sensory Adjustments
- Ear defenders or noise-cancelling headphones
- Sunglasses or tinted glasses
- Fidget tools
- Wobble cushions or alternative seating
- Movement breaks
- Reduced sensory stimulation
- Access to calming spaces
Flexible Seating and Positioning
- Preferential seating near the front
- Seated away from distractions
- Access to standing desks
- Alternative seating options
- Space to move and stretch
- Positioning to see teacher's face clearly
What is Reasonable?
Whether an adjustment is reasonable depends on several factors:
- The effectiveness of the adjustment in removing the disadvantage
- The practicality of the adjustment
- The cost and resources available
- The extent to which aids and services are already provided
- Health and safety requirements
- The interests of other pupils and staff
Schools are not required to make adjustments that are unreasonable, but the bar is high. Cost alone is rarely a sufficient reason to refuse an adjustment.
Reasonable Adjustments vs SEN Provision
Understanding the distinction helps schools meet both duties:
| Reasonable Adjustments | SEN Provision |
|---|---|
| Required by Equality Act 2010 | Required by Children and Families Act 2014 |
| Applies to disabled pupils | Applies to pupils with SEN |
| Focuses on removing barriers to access | Focuses on additional or different provision |
| Anticipatory duty (plan ahead) | Responsive to individual needs |
| Examples: ramps, extra time, auxiliary aids | Examples: specialist teaching, therapy, personalised programmes |
In practice, many adjustments and provisions overlap. The key is ensuring both legal duties are met.
Key Point: Reasonable adjustments are a legal duty, not a discretionary extra. Schools must plan ahead to identify and remove barriers for disabled pupils across all aspects of school life.
Further Guidance
Detailed guidance is available from:
- Department for Education: Equality Act 2010 guidance for schools
- Equality and Human Rights Commission: Technical guidance on the public sector equality duty
- SEND Code of Practice: Chapter 6 on schools' duties
Schools should regularly review their accessibility plans and reasonable adjustment policies to ensure compliance with the Equality Act.