Equality and Disability
The Equality Act 2010 (EQA) sets out the obligations on organisations and individuals to ensure that people are treated fairly. There are protected characteristics that include race, gender and disability. Breaches of the Act can be challenged by complaint, tribunal or court processes. Knowing your rights and how to make sure that they are recognised for children, young people and adults is so important. Parliament has set out laws to protect and promote individuals rights and places obligations on organisations to do so.
For children and young people (YP) the EQA can provide a very protective framework, however many parents and carers are concerned that bringing a complaint for their child may risk further discrimination or even victimisation.
I provide advice and assistance to ensure that:-
- Legal obligations are understood and clarified
- Assessments are done correctly and outcomes are acted upon
- You can challenge discriminatory practice
- Your views and the young person's are taken into account
- Documents, letters and statements are to the point and properly drafted
- Any complaints procedures are accessed and followed
- You are fully prepared for any meetings - or that you are represented
- Alternatives to legal proceedings are fully explored
- Due consideration is given to issuing tribunal or court proceedings
- If necessary proceedings are prepared to give most chance of success in your individual case
The tribunal can hear complaints about Disability Discrimination in schools and can order a range of measures to try and put things right. Other types of claims have to be brought in the county court.
If a child or young person meets the definition of disability, then schools and other public sector bodies must also consider anticipatory adjustments. Reasonable adjustments, ancillary aids and even physical changes to building and space may be necessary.
I am always happy to have an initial, free consultation to look at any disability and equality issues, please do give me a call to see how I can help.