​Disability organisation questions anomaly exempting schools from Equality Act

Scotland’s schools are systematically ignoring the law when it comes to meeting the needs of disabled pupils.

The Scottish Disability Equality Forum (SDEF) slammed both state and independent schools for failing pupils after it uncovered the majority are not adhering to the Education (Scotland) Act 2002.

The act states schools must have a document readily available to show how all pupils will access the curriculum and are able to get around the building, as well as explaining how disabled pupils’ communication needs will be met.

It’s astonishing that a bank is required to modify a branch for a disabled employee or customer, but a school does not have to adapt their building for a disabled pupil

It has to be followed, says the forum, as a legal anomaly excludes schools from the more robustEquality Act 2010'srequirement for buildings to be adapted for disabled use.

However researchers who contacted 60 school providers in Scotland, including all local authorities and major independent schools, found only two met the requirements.

This has left some disabled pupils having to attend different schools to their siblings or travel outwith their local catchment area in order to attend an appropriate school.

“Our research shows that the Scottish legislation which should be increasing access for disabled pupils is being largely ignored,” said Susan Grasekamp, SDEF's chief executive officer.

“If the poor compliance with the act that we have uncovered signals the reality facing disabled pupils, these pupils are being badly let down by Scotland’s education system.

“The failings we have identified are particularly concerning in relation to physical access to school premises.”

The report, Excluded: How Scotland’s schools are failing to plan for disabled pupils’ needs, said one primary school where a disabled pupil attended didn’t have the necessary stairlift to allow transfer between the different levels.

Elsewhere a disabled pupil was not allowed to attend the senior school they would normally have attended due to their mobility problems and the school being over four floors with no lift.

With widespread failure to meet the act the forum has decided against naming and shaming schools but instead has called for the Scottish Government to take a new approach to enforce the act.

“It’s astonishing that, as equalities law stands, a bank is required to modify a branch for a disabled employee or customer, but a school does not have to adapt their building for a disabled pupil," Grasekamp said.

"We want to see education providers, Education Scotland and the Scottish Government taking this legislation seriously and working with local partners such as access panels to make schools more accessible."

In 2013 the Scottish Government said there were 15,510 pupils assessed or declared as disabled in state schooling.

Nearly 3,000 needed physical adaptations.