Scottish schools and local authorities are failing to meet their legal duty to plan for disabled children’s needs, according to new research from SDEF. The result is disabled pupils not being able to attend their local school and being separated from siblings and friends as a result, or having restrictions placed on their activities at school.

This is the finding of SDEF’s research into the availability and quality of accessibility strategies, required by the Education (Scotland) Act 2002. These strategies must address disabled pupils’ needs relating to the curriculum, physical access, and communication.

‘Excluded: How Scotland’s schools are failing to plan for disabled pupils’ needs’ looked at the practice of 60 state and independent providers of primary and secondary schooling. Just 2 of the 60 were able to provide an accessibility strategy that met the requirements of the 2002 Act. Only 13 in total were able to provide an up to date accessibility strategy within a month of a request for one.

The findings are significant because the Equality Act 2010 specifically excludes schools from the requirement to make reasonable adjustments to their property to meet disabled pupils’ needs. The requirement to plan for accessibility in education legislation has instead been seen as sufficient.

Susan Grasekamp, SDEF’s Chief Executive Officer, said:

'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.

'Our research shows that the Scottish legislation which should be increasing access for disabled pupils is being largely ignored. 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.

‘Correctly implemented, the legislation could both improve access on a practical level and engage pupils who will become tomorrow’s architects and planners with the important concept of designing inclusively for all.

‘Positive and proactive joint working with local partners such as Access Panels could go a long way to achieving a positive and lasting shift in how we provide access to education for all of our children in Scotland’

Download the full report from SDEF here:

• Excluded: How Scotland’s schools are failing to plan for disabled pupil’s needs (Word)
• Excluded: How Scotland’s schools are failing to plan for disabled pupil’s needs (PDF)