Navigating a disability discrimination claim in the SEND Tribunal

Earlier this year, HCR Law reported on the continued rise in claims in the First-tier Tribunal (Special Educational Needs and Disability Tribunal) (SEND Tribunal).

As of January 2026, over 1.8m pupils in England had an Education, Health and Care (EHC) plan or special educational needs (SEN) support, accounting for 20.8% of all pupils. Of these, 6% had an EHC plan, up from 5.3% in 2025, and a further 14.8% received SEN support. The proportion of pupils with an EHC plan who are educated in state-funded mainstream primary and secondary schools has also risen to 57.8%.

As a result, maintained schools and academies are increasingly likely to face disability discrimination claims.

It’s important for maintained schools and academies to understand how to navigate a disability discrimination claim in the SEND Tribunal should they be notified of one.

Registration of claim

Those with parental responsibility, or a young person over school leaving age but under 18, can make a claim in the SEND Tribunal if they believe the child or young person has been discriminated against because of their disability.

Claims can be made for a variety of reasons, including:

• Suspensions
• Permanent exclusions
• Being removed from a school trip or activity
• Receiving unfavourable treatment
• Being disadvantaged because the school failed to make reasonable adjustments
• Other discriminatory acts relating to a child’s disability.

The First-tier Tribunal will review and register the claim. Once registered, the Tribunal officially notifies the school’s responsible body. The responsible body is the entity legally accountable for the educational institution. For maintained schools, this will be the governing body or, in some circumstances, the local authority. For academies and free schools, this will be the proprietor, being the academy trust.

There is no fee for bringing a disability discrimination claim in the SEND Tribunal and the Tribunal doesn’t usually make costs orders, meaning parents can bring claims at little or no financial risk. Claims must be brought within six months of the alleged discriminatory act, although the Tribunal has discretion to consider a claim brought outside this period where it considers it fair to do so.

The threshold for meeting the definition of disability under the Equality Act 2010 is low. A person is disabled if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities, and ‘substantial’ means only more than minor or trivial. If a child doesn’t meet the definition of disability, the claim will fail. However, the Tribunal doesn’t usually hold a preliminary hearing on the issue of disability, which means schools can incur significant legal fees in defending a claim through to a full hearing.

The initial notification

Once the Tribunal registers a claim, it issues two essential documents to the responsible body:

• Notice of registration: official confirmation that the case has been registered with the Tribunal
• Directions order: a document outlining the specific elements of the claim and a strict timeline of legal deadlines. The responsible body will also be notified if the claim is found to be out of time or without merit.

Timeline of claim

The duration of proceedings fluctuates significantly, from several months to just a few weeks. The Tribunal adjusts these timelines based on the urgency of the situation. For instance, cases where a pupil is out of education may be prioritised to minimise disruption to the child’s education.

Tribunal powers

The First-tier Tribunal has an array of powers and can order a responsible body to comply with certain requirements, should it find that disability discrimination has occurred. This includes, but is not limited to, ordering the responsible body to:

• Issue a letter of apology to the claimant
• Review and amending school policies that don’t comply with the Equality Act 2010
• Facilitate staff training (this may be updated or new training)
• Reinstate a pupil following a permanent exclusion.

It’s important to highlight that the Tribunal has no power to order compensation and can’t make an order against an individual working at the school.

Staying prepared

Maintained schools, academies and multi-academy trusts across the country face a range of legal and regulatory challenges, including those arising in the First-tier Tribunal.

Ensuring compliance with the Equality Act 2010 and understanding your statutory duties can help you navigate a disability discrimination claim should you be notified by the Tribunal.