This guide will help you answer 1.1 Outline the legal entitlements of disabled children and young people for equality of treatment and the principles of working inclusively placing the child/young person in the centre.
Disabled children and young people in England have clear legal rights to equality of treatment. These rights are set out in various pieces of legislation which aim to remove barriers, prevent discrimination and promote fair treatment.
The law recognises that disabled children and young people should have the same opportunities as their non-disabled peers. This means they have a right to access education, healthcare, childcare, recreation, and wider community life without being treated unfairly.
Key laws include:
- Equality Act 2010 – Provides protection against direct and indirect discrimination, harassment and victimisation in relation to disability. Education providers, health services and employers must make reasonable adjustments to accommodate needs.
- Children and Families Act 2014 – Sets out the framework for special educational needs and disabilities (SEND). Includes rights to Education, Health and Care Plans (EHC plans) and joint working between services.
- SEND Code of Practice – Provides statutory guidance on identifying, assessing and providing for SEND in schools and early years settings.
- UN Convention on the Rights of the Child (UNCRC) – States that children should not be discriminated against based on disability, and should have access to supportive services to reach their full potential.
- UN Convention on the Rights of Persons with Disabilities (UNCRPD) – Emphasises inclusion, accessibility and the right to participate in all aspects of life.
Workers in the children and young people’s sector must understand these entitlements and apply them in practice. This means recognising when a child or young person’s rights are not being upheld and taking steps to address it.
Equal Access to Education
Education is protected under the Equality Act and the Children and Families Act. Schools and early years providers must not exclude children because of disability. They must take steps to support learning and participation.
Reasonable adjustments may include:
- Providing specialist equipment
- Offering learning materials in alternative formats such as large print or Braille
- Adjusting physical layouts to improve accessibility
- Allowing more time for tasks or assessments
- Providing one-to-one support
Equal treatment means that a child with a disability is included in classroom activities wherever possible, with staff adapting teaching methods as needed to remove barriers.
Equal Access to Health Services
Disabled children and young people have a right to receive healthcare without discrimination. NHS services must make reasonable adjustments so that appointments, treatment and follow-up care are accessible.
Adjustments can include:
- Longer appointment times
- Accessible premises
- Communication support such as Sign Language interpreters
- Clear information provided in formats that the child can understand
This right covers both routine healthcare and specialist treatment for conditions linked to the disability.
Equal Access to Play, Leisure and Community Life
The Equality Act requires public services and community organisations to make reasonable adjustments so disabled children and young people can take part in recreational activities.
This includes:
- Accessible playgrounds
- Adapted sports equipment
- Inclusive youth clubs and holiday schemes
- Transport arrangements that accommodate mobility needs
Access to play and leisure helps disabled children make friends, learn social skills and enjoy a full life.
Principles of Working Inclusively
Working inclusively means planning and delivering services, support and activities so that all children and young people can participate. It focuses on removing barriers rather than expecting children to fit into existing arrangements that may exclude them.
Inclusive practice involves seeing the child as an individual first. Disability is one part of who they are, but not the whole identity. Respect for dignity and rights must be at the heart of all decisions.
Placing the Child or Young Person at the Centre
Placing the child or young person at the centre means listening to their voice and involving them in decisions about their own care, education and support.
Ways to achieve this include:
- Asking the child or young person what support helps them most
- Providing information in ways they can understand
- Respecting their preferences and choices wherever safe and possible
- Involving parents or carers in planning, while retaining the child’s own viewpoint
- Encouraging self-advocacy and confidence
This approach makes services more responsive and helps the child feel valued.
Removing Barriers to Participation
Barriers can be physical, such as steps or narrow doorways. They can also be attitudinal, such as low expectations of what a disabled child can achieve. Inclusive practice requires identifying these barriers and taking action to remove them.
Examples:
- Physical barriers – provide ramps, lifts and wider entrances
- Communication barriers – use alternative communication methods
- Social barriers – challenge unhelpful attitudes and promote acceptance
- Learning barriers – adapt tasks so the child can succeed
Inclusive practice benefits all children by creating a respectful and adaptable environment.
Working in Partnership
Inclusive practice for disabled children often requires partnership working. This can include education staff, health professionals, social workers, speech and language therapists, and specialist disability organisations.
Partnership working helps to coordinate support and ensure that the child’s needs are met across different areas of life. It also allows services to share expertise and resources.
Legal Duties of Workers
Workers have a duty under the Equality Act to avoid discrimination and to promote equality. This includes:
- Not treating disabled children less favourably
- Making reasonable adjustments in care, education and activities
- Taking steps to prevent harassment or victimisation
- Understanding and following organisational policies that reflect the law
Failure to meet these duties can place the organisation at risk of legal action and can damage trust with families.
Advocacy for Rights
Sometimes a disabled child or young person may face treatment that does not meet legal entitlements. Workers can play an advocacy role by:
- Raising concerns with managers or safeguarding leads
- Supporting families to understand their rights
- Helping to access complaint processes or Ombudsman services
- Linking with charities that support disabled people’s rights
Advocacy helps ensure that rights are respected and needs are met.
Training and Development for Staff
To provide equality of treatment, staff should have regular training. This might cover:
- Awareness of different disabilities and how they impact access
- Legal frameworks and organisational policies
- Communication techniques for working with children who have speech or language difficulties
- Practical skills for adapting activities
Training builds confidence in creating inclusive environments.
Recording and Reviewing Support
A child-centred approach involves recording what support is in place, reviewing it regularly and involving the child in discussions about changes.
Documentation can include:
- Support plans
- EHC plans for those with SEND
- Risk assessments for activities
- Progress notes from multi-agency meetings
Reviewing ensures the support remains suitable as the child grows and their needs change.
Creating an Inclusive Culture
An inclusive culture in an organisation means that equality is embedded in daily practice. This includes:
- Leaders promoting inclusion at every level
- Staff modelling respectful behaviour
- Policies reflecting the rights of disabled children
- Environments designed to welcome everyone
Such a culture benefits children, families and staff.
Final Thoughts
Legal entitlements for disabled children and young people provide a strong framework for fairness and equality. These rights are clear, and services have firm duties to uphold them. In practice, this means making adjustments, involving the child in decisions and breaking down barriers to participation.
Working inclusively is about far more than compliance with the law. It is about attitude, respect and commitment to putting the child or young person first. When workers listen, adapt and respect the voice of the child, they make a real difference. Disabled children and young people thrive when they are treated equally, included fully and given every opportunity to take part in life.
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