Skip to main content
N I Direct government services

Main navigation

  • Home
  • News
  • Contacts
  • Help
  • Twitter
  • Facebook
  • YouTube
  • RSS

Breadcrumb

  1. Home
  2. People with disabilities
  3. Learning and education

Learning and your rights

Information on the rights of children with disabilities who are attending primary and secondary school.

Special Educational Needs and disability discrimination in education

Under Special Educational Needs legislation a child has special educational needs (SEN) if they have more difficulty in learning than the majority of children of the same age. Or, if they have a disability which makes it difficult for them to use the same facilities as other children.

Legislation gives rights to children with SEN to be educated in mainstream schools where their parents want this and the interests of other children can be protected. It also allows for the Education Authority to assess a child who has SEN. Following this assessment the authority may decide to prepare a report. This is called a Statement of Special Educational Needs (SEN).

A Statement of SEN is a document that sets out the child's needs and the special help that will be given to help meet those needs. The protection of a statement will be given to children whose needs are such that extra resources, or different resources from those normally available in mainstream schools, must be given by the Education Authority.

The Department of Education's SEN Code of Practice explains how special educational needs are met.

Disability discrimination in schools

As well as their Special educational needs rights, children with disabilities have the right not to be subjected to disability discrimination by the schools in which they are pupils - or to which they are applying to become pupils. 

Special Education Needs (SEN) legal protections:

  • make it unlawful for schools to treat pupils with disabilities less favourably than other pupils in all aspects of school life, without lawful justification
  • place a duty on schools to make ‘reasonable adjustments’ so that pupils with disabilities are not put at a great disadvantage compared to pupils who do not have disabilities (however there is no duty to remove or alter physical features of premises or to offer auxiliary aids and services – although such things might be given under a Statement of SEN)
  • place a duty on the Education Authority and schools to plan strategically and make progress in increasing accessibility to schools’ premises and to the curriculum and in improving the way in which written information is given to pupils with disabilities

The Equality Commission has advice on equality law for schools and individuals:

  • Advice for schools
  • Advice for individuals

Disability discrimination in further and higher education

Special educational needs legal protection also applies to further and higher education where it:

  • makes it unlawful for institutions of further and higher education, such as universities, to subject students, and prospective students, with disabilities to disability discrimination, including disability-related harassment
  • places a duty on these institutions to make reasonable adjustments to make sure that students with disabilities, including prospective students, are not put at a great disadvantage (compared to people who do not have a disability) in accessing further and higher education and during their studies there

The Equality Commission has published guidance about equality law for colleges of further and higher education.

  • Further and higher education providers

Disability discrimination by general qualifications bodies

It is unlawful for general qualification bodies to discriminate against people with disabilities around the award of prescribed qualifications.

Two sets of regulations have been made:

  • the first sets outs the enforcement mechanisms for claims of unlawful discrimination against a general qualifications body and makes provision for alterations to premises that are occupied by a general qualifications body under a lease
  • the second lists qualifications coming under the scope of the law and makes clear that the granting of exemptions from one or more components of an assessment or examination in certain circumstances will be lawful

The Equality Commission has published a disability code of practice and guidance for qualification bodies:

  • Disability code of practice: employment and occupation
  • Draft guide to discrimination law for general qualifications bodies

More useful links

  • Special educational needs: legislation
  • Contacting 08 and 03 numbers
Share this page Share on Facebook (external link opens in a new window / tab) Share on Twitter (external link opens in a new window / tab) Share by email (external link opens in a new window / tab)

Learning and education

  • Learning and your rights
  • Support at college or university
  • Support at school

Translation help

How to translate this page

Help improve this page - send your feedback

What do you want to do?
Report a problem
Which problem did you find on this page? (Tick all that apply)

Messages

You will not receive a reply. We will consider your feedback to help improve the site.

Don't include any personal or financial information, for example National Insurance, credit card numbers, or phone numbers.

What is your question about?

What to do next

Comments or queries about angling can be emailed to anglingcorrespondence@daera-ni.gov.uk 

If you have a comment or query about benefits, you will need to contact the government department or agency which handles that benefit.  Contacts for common benefits are listed below.

Carer's Allowance

Call 0800 587 0912
Email 
dcs.incomingpostteamdhc2@nissa.gsi.gov.uk

Discretionary support / Short-term benefit advance

Call 0800 587 2750 
Email 
customerservice.unit@communities-ni.gov.uk

Disability Living Allowance

Call 0800 587 0912 
Email dcs.incomingpostteamdhc2@nissa.gsi.gov.uk

Employment and Support Allowance

Call 0800 587 1377

Jobseeker’s Allowance

Contact your local Jobs & Benefits office

Personal Independence Payment

Call 0800 587 0932

If your query is about another benefit, select ‘Other’ from the drop-down menu above.

Comments or queries about the Blue Badge scheme can be emailed to bluebadges@infrastructure-ni.gov.uk or you can also call 0300 200 7818.

For queries or advice about careers, contact the Careers Service.

For queries or advice about Child Maintenance, contact the Child Maintenance Service.

For queries or advice about claiming compensation due to a road problem, contact DFI Roads claim unit.

If you can’t find the information you’re looking for in the Coronavirus (COVID-19) section, then for queries about:

  • Restrictions or regulations — contact the Department of Health
  • Travel advice (including self-isolation) — contact the Department of Health
  • Coronavirus (COVID-19) vaccinations — contact the Department of Health or Public Health Agency

If your query is about another topic, select ‘Other’ from the drop-down menu above.

For queries about your identity check, email nida@nidirect.gov.uk and for queries about your certificate, email covidcertni@hscni.net.

For queries or advice about criminal record checks, email ani@accessni.gov.uk

Application and payment queries can be emailed to ema_ni@slc.co.uk

For queries or advice about employment rights, contact the Labour Relations Agency.

For queries or advice about birth, death, marriage and civil partnership certificates and research, contact the General Register Office Northern Ireland (GRONI) by email gro_nisra@finance-ni.gov.uk

For queries about the High Street Spend Local Scheme,  email HSSS.mail@economy-ni.gov.uk.

For queries about:

  • Car tax, vehicle registration and SORN
    contact the Driver and Vehicle Licensing Agency (DVLA), Swansea
     
  • Driver licensing and tests, MOT and vehicle testing
    contact the Driver & Vehicle Agency (DVA), Northern Ireland

If your query is about another topic, select ‘Other’ from the drop-down menu above.

For queries about your identity check, email nida@nidirect.gov.uk.

 

For queries or advice about passports, contact HM Passport Office.

For queries or advice about Penalty Charge Notices (PCNs), including parking tickets and bus lane PCNs, email dcu@infrastructure-ni.gov.uk

For queries or advice about pensions, contact the Northern Ireland Pension Centre.

If you wish to report a problem with a road or street you can do so online in this section.

If you wish to check on a problem or fault you have already reported, contact DfI Roads.

For queries or advice about historical, social or cultural records relating to Northern Ireland, use the Public Record Office of Northern Ireland (PRONI) enquiry service.

For queries or advice about rates, email LPSCustomerTeam@lpsni.gov.uk

For queries or advice about  60+ and Senior Citizen SmartPasses (which can be used to get concessionary travel on public transport), contact Smartpass - Translink.

If you have a question about a government service or policy, you should contact the relevant government organisation directly.  We don't have access to information about you.

Related sites

  • gov.uk
  • nibusinessinfo.co.uk

Links to supporting information

  • Accessibility statement
  • Crown copyright
  • Terms and conditions
  • Privacy
  • Cookies
  • Twitter
  • Facebook
  • YouTube
  • RSS