Education rights in England
Learn about the legal rights that protect deaf children and young people throughout their education.
This information is for families of deaf children in England. Read our information for Northern Ireland, Scotland and Wales.
By law, children and young people with disabilities have the right to an education. They also have the right to have their needs met. This includes children with all types of hearing loss and levels of deafness.
Lots of people do not consider deafness to be a disability. However, even if you do not consider deafness to be a disability, deaf children and young people are protected by the laws in place in England. These laws provide important legal rights for disabled people.
Understanding the legal rights of deaf children and young people in education can help to get the right support. This includes:
- the changes a school should make to include disabled children
- how absences for medical appointments should be recorded
- how exams should be made accessible
- how to make a complaint if you have any concerns
Learn which laws protect deaf children and young people's rights in education.
The Equality Act 2010
Knowing your rights and being able to voice them when you need to can be very empowering. It can give you the confidence that you're doing everything you can.
A key law is the Equality Act 2010 (legislation.gov.uk). It provides important legal rights for disabled children and young people. Most permanently deaf children and young people are considered to have a disability.
For temporary hearing loss, such as glue ear, the Equality Act may not apply. It will apply if the condition has lasted, or is likely to last, for 12 months or more. It will also apply if it is likely to happen again in the next 12 months.
Under the Equality Act, local authorities and education settings:
- can not discriminate against disabled children or young people or treat them less favourably. An education setting can not refuse to accept student simply because they’re deaf. They also can not prevent them from doing activities others are allowed to do
- must make reasonable adjustments to involve disabled children and young people
- must promote equality of opportunity for disabled children and young people
- must think about the impact of their policies, procedures and decisions, particularly their impact on disabled children and young people
Reasonable adjustments
Reasonable adjustments are simple or inexpensive changes an education setting can make. These changes help disabled children and young people access learning. By law, education settings must make reasonable adjustments for those who meet the definition of disabled.
The laws do not say exactly what is or is not a reasonable adjustment. This is because what is ‘reasonable’ depends on different factors, including individual needs and the education setting they’re attending. As an example, a very small school in an older building may find it harder to improve their acoustics. A larger school in a modern building and with a bigger budget may find this easier.
Here are some examples of possible reasonable adjustments for deaf children and young people:
- staff receiving training on how to use a radio aid
- adjusting the pace and length of a learning session
- using visual cues to support teaching
- creating opportunities for one-to-one and small group work
- checking level of understanding after a lesson
- tutoring before or after a lesson
- providing equipment and technology, such as radio aids or flashing fire alarms
- providing a good listening environment
- making sure staff and students at the school are deaf aware
- writing down homework rather than giving it verbally
- making adjustments to help deaf pupils access specific subjects, like foreign languages or music
- meeting communication needs, such as providing qualified interpreters for pupils using sign language
During school admission, schools can make reasonable adjustments such as:
- allowing extra visits to the school and at quieter times
- staggering school start dates
- gradually increasing the amount of time a child or young person spends at school
- providing photos of staff and school areas, maps and timetables
- giving opportunities to meet other deaf students before starting
- giving information in an accessible format, for example, translating materials into BSL
Use our template letters to request reasonable adjustments at a school and raise a failure to implement reasonable adjustments:
SEND and reasonable adjustments
Children and young people with special educational needs and disability (SEND) may have a formal plan in place. This is an Education, Health and Care Plan (EHCP). EHCPs include reasonable adjustments. Education settings must make these reasonable adjustments.
However, many deaf children and young people with SEND will not have an EHCP. If there is not an EHCP in place, speak to the setting about reasonable adjustments. The school can also ask for support from the local authority. This could include deaf awareness training for all the staff at an education setting.
If a setting fails to make reasonable adjustments, this is discrimination.
Discrimination
If you think you have experienced discrimination, contact our Helpline for support. One of our specialist advisers may be able to provide advice and support.
You can use our template letter to raise the issue of direct discrimination:
The Equality and Human Rights Commission (EHRC) has more information about disability discrimination.
Transport to school
Some deaf children and young people are eligible for free home-to-school transport. Local authorities provide transport to and from school.
Children and young people may be eligible for free school transport if:
- their home-to-school journey is longer than the statutory walking distance. The statutory walking distance is 2 miles for children under 8 and 3 miles for children aged 8 to 16 years
- their SEND means it’s unreasonable to expect them to walk to school
- their social and family circumstances
- the walking route is unsuitable for their age and capability
In some cases, the local authority will not provide transport. You may prefer a school that is beyond the set walking distance. However, if the EA thinks there’s a suitable school with places nearer, they can refuse transport.
Your local authority must publish a Local Offer. Local Offers include information about travel to and from school. Look on your local council website or contact them for more information.
Find your local council (GOV.UK).
Exam access arrangements
Schools and colleges must make reasonable adjustments for disabled students taking exams. These are called 'exam access arrangements'.
Exam access arrangements for deaf children and young people may involve:
- extra time
- use of technology such as radio aids or streamers
- a reader (someone who reads exam questions aloud)
- a scribe (someone who writes answers down)
- a British Sign Language (BSL) interpreter
Exam access arrangements should reflect 'normal ways of working', or how a child or young person accesses education day-to-day. Talk to the special educational needs coordinator (SENCo) or your child's Teacher of the Deaf (ToD) about their exams. This should be done well in advance of any exams or assessments.
Deaf children and young people with EHCPs should have exam access arrangements in place. These arrangements should be discussed at the annual review.
For further information, see:
- Access arrangements for examinations
- Access arrangements information (Joint Council for Qualifications website)
Absence recording
Deaf children and young people may need to miss school for medical appointments. For example, audiology appointments.
Schools record absences as authorised or unauthorised. Schools should be informed about medical appointments in advance. These should be recorded as authorised absences.
Read the Department for Education's school attendance and absence information (GOV.UK).
Rewarding attendance
Some schools have attendance reward schemes. The aim of these is usually to:
- encourage attendance at school
- discourage parents from taking their child out of school unnecessarily
Reasonable adjustments should be made so disabled children and young people aren't at a disadvantage. For example, children and young people should be rewarded if they have 100% attendance, not including authorised time off due to their disability or for medical appointments.
If you have any concerns about how your child’s absences are being recorded, contact our Helpline.
Full references for this webpage are available by emailing
informationteam@ndcs.org.uk