Planning improvements for disabled pupils' access to education: guidance for education authorities, independent and grant-aided schools

Appendix A - Overlap between Equality Act and the Additional Support for Learning Act

These are not exhaustive lists. The purpose is simply intended to highlight the areas where discrimination and disadvantage can occur.

Notes to Appendix A

1. Not all children who meet the definition of disability will have additional support needs. For example, those with severe asthma, arthritis or diabetes may not have additional support needs but may have rights under the Equality Act if their impairment has a substantial and adverse, long-term effect on their ability to carry out normal day-to-day activities.

2. Similarly, as can be seen above, not all children with additional support needs will meet the definition of disability under the Equality Act. In particular some children whose emotional and behavioural difficulties have their origins in social or domestic circumstances may fall outside the definition. The needs of these children would be met under the Additional Support for Learning Act.

3. Some of these groups may need the provision of additional support from school staff or other professionals and possibly different methods of curriculum delivery. The important focus is that of the needs of the individual child or young person at all times.