Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding:
This FAQ looks at schools’ obligations towards pupils with disabilities. For details of all our school hotline queries, please see Practice note, Schools hotline FAQs.
Q: Harry in year 4 needs a catheter inserted once a day during school hours. None of the school staff are trained to do this. What are the school’s responsibilities here?
A: Harry may have a disability under the Equality Act 2010, which means that the school and local education authority (LA) should make reasonable adjustments for him so that he is not placed at a disadvantage compared with non-disabled pupils. The Equality and Human Rights Commission has given guidance on what steps are “reasonable” for schools to take in Equality and Human Rights Commission: Technical guidance for schools in England (1 July 2013), in particular at paragraphs 6.26 and 6.66: see Legal update, Equality Act 2010: EHRC publishes technical guidance for schools.
The school could permit Harry’s parent to come into school to carry out the procedure or arrange for training for one of its own members of staff (the LA may seek assistance for this purpose from local health services under section 322 of the Education Act 1996).
See Practice note, Equality Act 2010: education providers and Department for Education and Skills: Managing Medicines in Schools and Early Years Settings (March 2005).