My child is being turned down by all the independent schools we are applying to based on his recently diagnosed dyslexia - does this contravene the disability act? My child recently had neurodiversity screeners by a charity. They provide reports but not diagnosis and suggested his had strong signs of dyslexia and possibly ADHD. He is year 6 and due to go to year 7 in a few months time. We have applied to 3 non academically selective independent schools and they have all turned our application down. The first which is supposed to have good provision for dyslexia, turned him down on the basis of the report saying they couldn't support his type of adhd. They hadn't even met him, he doesn't have a diagnosis for ADHD and certainly there was no mention of a type. We are wondering now whether he actually has adhd or whether we were just going through a tricky developmental stage at the point of the screener. I've tried to get an ADHD private diagnosis since to rule it in or out but no providers have come back to me. I'm not happy for him to be turned down over something that is not diagnosed. We have managed to get a private dylexia diagnosis since. It confirmed his dyslexia. He scored significantly low for literacy but average in other areas and particularly high in others (98th percentile in one particular test). The conclusion was he can still be successful academically (particularly in STEM) provided his dyslexia is supported. Since then our last 2 independent school options have said they cannot support his dysexia requirements. I am told he does not qualify for an EHCP and as far as i can see the dyslexia recommendations are standard. 25% more time, pre-teaching, some small group dyslexia support and speech to text tech. All of which is supposed to be available at the last school in particular that has a specialist learning facility. Are they discriminating or can they just get away with saying they can't support him and he won't be able to keep up with his cohort?
A: SenseCheck
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- 04 Aug 2025
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Yes
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Super Simple summary to help a parent explain the law to a child
If a school says no just because you have something like dyslexia or they think you might have something else (like ADHD) even though you don’t, that could be unfair. There are rules that say schools have to treat all children fairly, including those who learn differently. If they won’t even try to help, or they guess what you can or can’t do without meeting you, then that might break those rules. Grown-ups can ask for help to check whether what the schools are doing is allowed or not.
Summary in simple English
Independent schools, like all schools, must follow the Equality Act 2010. That means they are not allowed to discriminate against a child just because of a disability like dyslexia or possible ADHD. Even if a child does not have a full diagnosis, the law may still protect them if they are experiencing difficulties that affect their ability to learn or do everyday tasks.
If schools are turning down your child without meeting him, or claiming they cannot meet his needs when those needs seem reasonable and similar to what they already offer, that could be disability discrimination. The Equality Act also says schools must make reasonable adjustments for disabled children. Refusing to even consider these adjustments or assuming a child cannot succeed may be unlawful.
If you are told your child doesn’t need an Education, Health and Care Plan (EHCP) but is still being refused support, then the Equality Act may be your main protection. You may want to make a formal complaint or consider taking the issue to the First-tier Tribunal (SEND).
Draft technical answer
This scenario engages the protections provided under the Equality Act 2010 (“the Act”), which applies to all schools, including independent schools. Based on the facts provided, there is a strong possibility that the schools' actions may amount to disability discrimination under the Act.
1. Is the child ‘disabled’ under the Equality Act 2010?
The Act defines a person as 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 (s.6 Equality Act 2010).
Dyslexia is widely recognised as meeting this definition. The private diagnosis confirms a learning difficulty that significantly affects literacy and requires substantial adjustments. Even though ADHD is unconfirmed, the suggestion alone cannot justify less favourable treatment—particularly where the child may not meet the legal definition for ADHD or where the symptoms may be developmental or temporary.
There is also no requirement for a formal diagnosis under the Act: what matters is the effect of the impairment, not whether it has been labelled by a clinician. The decision in X v Governing Body of a School (SEN) (SENDIST) reinforces that a formal diagnosis is not required for protection under the Equality Act 2010.
2. What types of discrimination may be relevant?
The facts suggest the following may be relevant:
Direct discrimination (s.13): if the child has been treated less favourably than another child because of disability, or a perceived disability (e.g. possible ADHD), this would be direct discrimination. There is no justification defence for direct discrimination.
Discrimination arising from disability (s.15): where a child is treated unfavourably because of something arising in consequence of disability (such as being assessed as unable to keep up with the cohort due to dyslexia) and the school cannot show this is a proportionate means of achieving a legitimate aim.
Failure to make reasonable adjustments (s.20): all schools have a duty to take reasonable steps to avoid putting disabled pupils at a disadvantage. Where your son requires, for example, extra time, assistive technology, and small-group intervention—especially where the schools claim to offer this support—it may be unreasonable to refuse to make those adjustments for him.
Under the reasonable adjustments duty, a school cannot justify a failure to make adjustments by saying it would prefer not to or that it would be inconvenient. The test is whether the adjustment is reasonable, in light of the school’s size, resources, and what is practicable.
3. Does a child need an EHCP for the Equality Act to apply?
No. An Education, Health and Care Plan (EHCP) is not a prerequisite for protection under the Act. The Equality Act runs in parallel to the Children and Families Act 2014. A child may have needs that do not meet the threshold for statutory assessment but still qualify for reasonable adjustments under the Equality Act.
4. Is refusing admission discriminatory?
Admissions fall under Part 6 of the Equality Act 2010, and schools must not discriminate in deciding who to admit. If the schools have refused to admit the child based on his disability (dyslexia), or based on a presumed diagnosis (possible ADHD), without assessing his needs individually or offering reasonable adjustments, this could amount to unlawful discrimination.
The use of vague reasoning such as "we can't support that type of ADHD" without evidence, a diagnosis, or an assessment meeting breaches the spirit, and likely the letter, of the legislation. If the support recommended is already within the school's usual provision, the refusal may be especially hard to justify.
5. What remedies are available?
The First-tier Tribunal (SEND) has jurisdiction to hear claims of disability discrimination against schools, including independent schools. Parents can bring a claim under s.85 of the Equality Act 2010. The Tribunal can order a range of remedies including training for staff, rewriting policies, or reconsidering an admission decision—but not financial compensation.
Parents should first follow the school’s complaints procedure, and any umbrella body such as the Independent Schools Inspectorate or the Independent Schools Council if appropriate, before issuing proceedings.
Answers from the No-nonsense Guides
Disability Law in Education No-nonsense Guide
Q1.3 > What if the pupil doesn’t have a diagnosis?
Yes. The Equality Act 2010 protection for disabled children applies regardless of whether the child has a diagnosis. The question is whether the child has 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. You do not need a diagnosis to meet this test.Disability Law in Education No-nonsense Guide
Q3.2 > What is discrimination in school admissions?
Discrimination in admissions happens when a school refuses to admit a disabled child because of their disability or because of something arising from their disability. This includes a failure to make reasonable adjustments during the admissions process. This also applies to independent schools.Answers from the Support SEND Ask Experts
https://supportsendkids.org/questions/view/159
Can a school reject a child on the basis of “we can’t meet need”?
A school cannot lawfully reject a disabled child simply because they “can’t meet need” if the need could be met through reasonable adjustments. That may amount to discrimination under the Equality Act 2010.https://supportsendkids.org/questions/view/208
Does a private school have to follow the Equality Act?
Yes. All schools, including private and independent ones, must follow the Equality Act 2010 and cannot discriminate against pupils with disabilities.Relevant Statutes, Regulations, Codes and Case Law
Equality Act 2010 s.6 – Definition of disability
https://www.legislation.gov.uk/ukpga/2010/15/section/6Equality Act 2010 s.15 – Discrimination arising from disability
https://www.legislation.gov.uk/ukpga/2010/15/section/15Equality Act 2010 s.20 – Duty to make reasonable adjustments
https://www.legislation.gov.uk/ukpga/2010/15/section/20Equality Act 2010 s.85 – Discrimination in schools
https://www.legislation.gov.uk/ukpga/2010/15/section/85Children and Families Act 2014 – for context on EHCP process
https://www.legislation.gov.uk/ukpga/2014/6/contentsX v Governing Body of a School (SEN) – SENDIST authority confirming diagnosis not required under Equality Act
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