Under the Equality Act 2010, it is unlawful for schools and local authorities to discriminate against disabled pupils. The Act includes duties to make sure disabled pupils are not treated less favourably than other pupils. Schools must make reasonable adjustments where they are needed. Schools generally must use their best endeavours to make sure that disabled pupils can play as full a part in school life as possible which includes going on school trips.

The Act does not require a school to cancel trips, or any other activities, but it does require them to look at ways to make sure that disabled pupils are given the same opportunities to take part as other pupils. In most cases, disabled pupils will be known to the school or local authority, so they need to arrange suitable support and make reasonable adjustments as part of the longer-term planning for the pupil.

Reasonable adjustments may include:

• thinking about alternative trips to the ones previously arranged by the school
• providing additional assistance, such as asking a learning assistant who supports the child in school to go with the child on the visit, to enable the disabled pupil to attend.

The Act does not override health and safety legislation. Schools must carry out a risk assessment before each trip and consider accessibility together with safeguarding the health and safety for all pupils.

A risk assessment is an examination of what has the potential to cause harm, who might be affected and identify what safety measures are needed to reduce risks to an acceptable level.  The risk assessment can also consider other elements of the trip, for example the type of activities that will be undertaken, mode of transport, the venue and whether the public will be present.

The Outdoor Education Advisory Panel has some national guidance for schools when planning trips for children with SEND, which might be useful when preparing your questions and concerns: OEP Educational visits END Guide (opens PDF).

The meaning of disability

The Equality Act 2010 describes a disabled person as someone who has “a physical or mental impairment which has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities.”

Mental impairments include autism, and most autistic people are likely to fit this description, but you do not have to have a diagnosis to be considered a disabled person.

What is covered by the Equality Act?

A school must not discriminate against a disabled pupil in relation to:

• Admissions
• How education is provided
• Exclusion
• Any other disadvantage, denial of opportunity or choice.

What is unlawful disability discrimination?

The forms of disability discrimination that are unlawful under the school provisions of the Act are:

• Direct discrimination
• Indirect discrimination
• Discrimination arising from disability
• Failure to make reasonable adjustments
• It is also unlawful for a school to harass or victimize a pupil, their parent, sibling or anyone else that has or is thought to have made or helped with a complaint about discrimination.

Direct disability discrimination occurs when a school treats a disabled pupil less favourably because of their disability than it treats, or would treat, a non-disabled pupil.

Example: An autistic pupil is excluded from a school trip because the school believes that they will not be able to participate in the activities, but no consideration has been made to make reasonable adjustments. This is likely to be direct disability discrimination.

Including children with SEND in activities and school trips

Good practice is that all activities both within and outside of the school should be planned to ensure that they are accessible for all children to attend and enjoy themselves along with their peers.

Section 35 of the Children and Families Act 2014 says that schools and nurseries can only exclude a child from activities if:

• it is not reasonably practicable for them to be included
• being included would prevent them from receiving the support they need or
• being included would prevent the efficient education of other children or the efficient use of resources.

If, for any reason you feel that your child would not benefit from attending a trip or feel that they would become too overwhelmed, then you can discuss alternative arrangements for your child. These may include your child joining another class for the day or enjoying some planned activities within a smaller group.

If you feel your child is being disadvantaged, please see 'What if I believe my child is being disadvantaged in school?'