IBB Law

Discrimination in Schools Solicitors

Endemic in many societies, discrimination should be met with zero tolerance when encountered. And if it becomes part of a child’s school life, it is essential that you take every step to address the issue as soon as possible.

Please note: we are unfortunately unable to advise clients on a legal aid basis. If you are looking for legal aid, or for general guidance on what actions you can take to protect you or your child’s education rights, you can refer to the Education section of the Citizens Advice website.

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It is unlawful to discriminate against someone on the basis of their:

  • Race
  • Disability
  • Sex
  • Religious belief
  • Sexual Orientation
  • Gender reassignment
  • Pregnancy

These are known as protected characteristics in equality law and can open the door to legal action if infringed under the terms of the Equality Act 2010.

Raising a concern about discrimination can be scary, especially as it can be hard to know whether you have a case and if it will be taken seriously. Getting expert advice can give you more confidence about your legal rights and improve your chances of being taken seriously.

At IBB Law, our team of education law specialists assist parents and children facing discrimination at school by providing:

  • Expert guidance on whether you have a case
  • Support preparing your case to make it as strong as possible
  • Legal representation
  • Arbitration Support

If you believe your child has been discriminated against in school, you must act fast as you only have 6 months (less one day) to make a complaint from the date of the most recent incident.

We offer a fixed fee initial consultation with our team to discuss your needs and see how we can help. We then charge for our services on a fixed fee basis, providing certainty over the costs involved.

Looking for quick answers about addressing discrimination in school? Take a look at our FAQs.

If you want to know more about how we can help with school discrimination, please contact our education law consultant Salima Mawji on 01895 207247 or email salima.mawji@ibblaw.co.uk.

Common questions about educational discrimination

What can you do if your child is discriminated against at school?

If a child reports or experiences discrimination, it is important to act as quickly as possible. The law currently says that any act of discrimination must be challenged within 6 months (less one day) of the last act of discrimination. This incentivises timely action.

If a child does experience discrimination, it is important to establish and understand:

  • How and why the child is being treated unfairly
  • The nature of the unfair treatment
  • The impact of the treatment
  • Who is treating the child unfairly
  • The specific nature of the discrimination

Understanding this can allow you to better understand your case and make a decision about your claim.

Who do you complain to about discrimination in school?

Any acts of discrimination must be taken up directly with the school in the first instance.

If the issue cannot be resolved, any issues involving disability discrimination need to be brought to a Special Educational Needs and Disability (SEND) tribunal. The SEND tribunal is aimed at providing a practical solution that is legally enforced. This can result in the cessation of discrimination, an apology, staff training, making the buildings more accessible amongst other solutions.

Race or Sex Discrimination or any other type of discrimination will need to be brought in the County Court. A successful claim will result in the award of damages.

Get clear legal advice and support for challenging discrimination in school

If you want to know more about how we can help with school discrimination, please contact our education law consultant Salima Mawji on 01895 207247 or email salima.mawji@ibblaw.co.uk.


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