Definition of disability in DDA:
A physical or mental impairment with an adverse effect on the person’s ability to carry out day-to-day activities. Effect must be:
- substantial
- long-term
To fall within the Act, a person must be substantially affected by their disability in one of the following ways:
Mobility
Physical co-ordination Manual dexterity
Continence Ability to lift, carry or otherwise move everyday objects
Speech, hearing, eyesight Memory or ability to learn, concentrate or understand Perception of risk or physical danger. For the purposes of definition, ignore the effects of medical or other treatments or aids and appliances.
Substantial means ‘not trivial.’
Definition From December 2005
Some progressive conditions covered from the point where the person knows they have a condition:
Cancer
HIV
Multiple Sclerosis
Mental Impairment
“clinically well recognised criteria is removed.
Department Work and Pensions
• Guidance on matters to be taken into account in determining questions relating to the definition of disability
• www.drc-gb.org
What are reasonable adjustments?
• Reasonable adjustments are the steps schools must take to enable disabled pupils to participate in the life of the school
The reasonable adjustment duty
• The responsible body for a school:
– must take reasonable steps to ensure that disabled pupils are not placed at a substantial disadvantage
– discriminates against a disabled pupil if it fails to take these reasonable steps to the detriment of the pupil and without justification
The responsible body is not required to:
• Provide auxiliary aids or services – these are covered by the SEN framework
• Remove or alter physical features – these are covered by the separate accessibility planning duty under the DDA
What is substantial disadvantage?
Need to consider:
• time and effort
• inconvenience
• indignity or discomfort
• loss of opportunity or
• diminished progress for a disabled pupil
Factors that may be taken into account in deciding what adjustments to make
• need to maintain standards• financial resources available• cost of a particular step• practicability• extent catered for under SEN framework• health and safety• interests of other pupils
Admissions, exclusions and ‘education and associated services.’ This includes:
the curriculumteaching and learningclassroom organisationbreaks and lunchtimesschool policiesschool clubs and activitieshomeworkassessment and exam
arrangementstimetablingschool tripsexclusion procedures... the whole life of the school
Detriment of disabled pupil
Factors to be taken into account
General Duty to anticipate in making Reasonable Adjustments to Policies, Practices and Procedures
Reasonable Adjustments for individual disabled pupil.
Claims for Disability Discrimination due to lack of reasonable Adjustment to SENDIST upheld
in 2004-2005• Type of Adjustment• Total 44• Trips 11-----------25%• Discipline 6- -----14%• Curriculum 4 -----9%• Bullying 2• Incontinence 2• Equipment 2• Hours 2• Behaviour 1• Meal Break 1• NA 3
• Type of Disability• Ability to Learn…
31..70%• Mobility………….3 ---7%• Progressive Illness-2• Memory…………..2• Eyesight ………….1• Continence………..1• NA …………………3
Disability Discrimination claims upheld so far….some issues
• assumptions about disabled pupils• risk assessments• administration of medicines• school trips• behaviour related to disability• bullying and isolation from peers• access to the curriculum• admissions
Essential Viewing: Activity
On the pro-forma provided identify:
• the reasonable adjustments
• the barriers they are designed to overcome
What is on DVD 1?
• DVD 1: Essential viewing and other topics
• Essential Viewing, an introduction to the materials (25)
• Breaks, Lunchtimes and Clubs (10:30)• Educational Visits (16)• Behaviour for Learning (26)• Meeting Personal Care and Medical
Needs (22)
What is on DVD 2?• DVD 2: Foundation stage and primary education• Foundation Stage in maintained schools (19)• Primary School Stories: • Primary School Stories Introduction (1:30)• Goostrey Community Primary School (8:30)• Billesley Primary School (7:30)• Batheaston Primary School (8)• Primary Education:• Primary Education Introduction (4)• Curriculum and Planning (22)• Teaching and Learning (17:30) • Deployment of Staff and Resources (22)• Ethos and Whole School Development (23)
What is on DVD 3?• DVD 3: Secondary education• Secondary school stories:• Secondary School Stories Introduction (1)• Langdon School (11) • North Leamington Community School and Arts College
(16)• Secondary Education:• Secondary Education Introduction (4)• Curriculum and Planning (22)• Teaching and Learning (21) • Deployment of Staff and Resources (22:30)• Ethos and Whole School Development (21:30)
Essential Viewing: Jake – sports day
Barriers Reasonable Adjustment
Not knowing what to do
Planning with pupil, parent, other agencies
DfES CD-Rom
Can’t access activities
Parallel activities
Fear of risk Risk Assess
Support of TA
Activities cause fatigue
Re-order activities
Reasonable adjustments
What factors need to be present in a school
to enable reasonable adjustments like those
seen in the DVD to be made?
Reasonable adjustments: Keyfactors
• vision and values based on an inclusive ethos• a ‘can do’ attitude from all staff• a pro-active approach to identifying barriers and
finding practical solutions• strong collaborative relationships with pupils
and parents• a meaningful voice for pupils• a positive approach to managing behaviour
… continued
Key factors … continued
• strong leadership by senior management and governors
• effective staff training and development• the use of expertise from outside the school• building disability into resourcing arrangements• a sensitive approach to meeting the impairment
specific needs of pupils• regular critical review and evaluation• the availability of role models and positive
images of disability
Reasonable adjustments in the classroom-checklist
• Pre Planning Information• What preparations have you made?• Are lesson planned to support all learners?• Are you using different teaching styles?• Are prepared materials accessible?• Have you thought about self presentation?• How will you use support staff?• How have you organised the classroom?• How will you group pupils in the lesson?• How will you deal with unexpected incidents?• How will you ensure all pupils feel equally valued?• How will you assess outcomes for all learners?
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